Rep. John Fleming (R-LA) on Medical Marijuana and Decriminalization

Thank you for contacting me regarding the use of marijuana for medicinal purposes. It is a privilege to serve as your Representative in Congress. I welcome your thoughts on this important issue.

As you may know, under the Controlled Substances Act (Public Law 91-513), marijuana is considered a Schedule I drug. Schedule I drugs have a high potential for abuse without a generally accepted medical use. Schedule II drugs, such as morphine, may also have a high potential for abuse but do have generally accepted medical uses. Approval from the Food and Drug Administration (FDA), accompanied by clinical trials, would be required in order to reclassify marijuana as a Schedule II drug. However, for several technical reasons, it is difficult to research accurately the medical effectiveness of natural marijuana.

The FDA alleviated these complications by approving the marketing of a synthetically derived form of THC, the active ingredient in marijuana, under the name Marinol. Substantial clinical evidence demonstrated that THC was safe and effective for the treatment of chemotherapy patients who suffer from nausea and vomiting and who do not respond to conventional treatments. Based on this evidence, the FDA classified Marinol as a Schedule II drug. Additional evidence, which suggested the drug’s effectiveness in combating weight loss and malnutrition in AIDS patients, led to another reclassification of Marinol as a Schedule III drug in 1999.

While some claim that natural marijuana is more effective than Marinol, most health experts see smoking as a harmful drug delivery system without substantial benefits. As a physician, I regularly advise my patients of the dangers that accompany smoking. Smoke from marijuana cigarettes contains a variety of toxic chemicals that could be harmful, especially for those in need of strict medical attention. Moreover, as a physician I agree with most health officials who see no medical advantage to natural marijuana over doctor’s prescription for the synthetic version of the drug.

Despite this evidence, there has been an effort to legalize natural marijuana for medicinal use. On June 11, 2009, Congressman Barney Frank of Massachusetts introduced H.R. 2835 “The States’ Rights to Medical Marijuana Act.” This bill would change the classification of natural marijuana from a Schedule I drug to a Schedule II drug. H.R. 2835 was referred for further consideration to the House Energy and Commerce Committee.

While I respect your support for medical marijuana, I am opposed to efforts to legalize drugs such as marijuana. Marijuana impairs judgment and has proven links to fatal accidents and harmful injuries. Marijuana is addictive, adversely affects the immune system, and it leads to the use of other drugs, such as cocaine. Marijuana also causes other side effects such as cancer, respiratory diseases, and mental disorders. Babies born to women who smoke marijuana during pregnancy have an increased incidence of leukemia, low birth weight and other abnormalities. Furthermore, I believe that the legalization of so-called medical marijuana is a back door to the general legalization of this drug.

I look forward to serving you in the 111th Congress and hearing from you again soon. If my staff or I can do anything to assist you, please do not hesitate to contact my office. You can also visit my website at www.fleming.house.gov for further information.

Sincerely,

JOHN FLEMING, M.D.
Member of Congress