Archive for April, 2006

FDA does not support medicinal marijuana

Friday, April 21st, 2006

Stop the presses! The FDA doesn’t support medicinal marijuana, imagine everyone’s shock and suprise.

WASHINGTON – The Food and Drug Administration said Thursday that it does not support the use of marijuana for medical purposes. ADVERTISEMENT The FDA said in a statement that it and other agencies with the Health and Human Services Department had “concluded that no sound scientific studies supported medical use of marijuana for treatment in the United States, and no animal or human data supported the safety or efficacy of marijuana for general medical use.” A number of states have passed legislation allowing marijuana use for medical purposes, but the FDA said, “These measures are inconsistent with efforts to ensure that medications undergo the rigorous scientific scrutiny of the FDA approval process and are proven safe and effective.” The statement contradicts a 1999 finding from the Institute of Medicine, part of the National Academy of Sciences, which reported that “marijuana’s active components are potentially effective in treating pain, nausea, the anorexia of AIDS wasting and other symptoms, and should be tested rigorously in clinical trials.” Bruce Mirken, director of communications for the Marijuana Policy Project, said Thursday: “If anybody needed proof that the FDA has become totally politicized, this is it. This isn’t a scientific statement; it’s a political statement.” Mirken said “a rabid congressional opponent of medical marijuana,” Rep. Mark Souder (news, bio, voting record), R-Ind., asked the FDA to make the statement. Souder, chairman of the House Government Reform subcommittee on drug policy, has said the promotion of medical marijuana “is simply a red herring for the legalization of marijuana for recreational use. Studies have continually rejected the notion that marijuana is suitable for medical use because it adversely impacts concentration and memory, the lungs, motor coordination and the immune system.” The FDA statement noted “there is currently sound evidence that smoked marijuana is harmful.” It also said, “There are alternative FDA-approved medications in existence for treatment of many of the proposed uses of smoked marijuana.” Mirken responded, “There is abundant evidence that marijuana can help cancer patients, multiple sclerosis patients and AIDS patients. There is no scientific doubt that marijuana relieves nausea, vomiting, certain kinds of pain and other symptoms that don’t respond well to conventional drugs, and does it more safely than other drugs. “For the FDA to ignore all that evidence is embarrassing,” Mirken said. “They should be red-faced.”

And another article from yesterday:

WASHINGTON (Reuters) – The U.S. Food and Drug Administration will publish a statement on Friday criticizing state measures to legalize the medical use of marijuana, calling them attempts to bypass scientific review.

The agency said it was posting the statement in response to requests from lawmakers and others, but advocates for legalizing marijuana said the FDA was making an unusual and inappropriate foray into politics.

“In response to inquiries, including from Congress, we are clarifying our position on the science,” said FDA spokeswoman Susan Bro in an interview.

“The FDA continues to support medical researchers whose intention is to undertake rigorous, peer-reviewed investigations and well-controlled clinical trials, in line with the FDA’s drug approval process,” she added in an e-mail.

Peer-reviewed. Read FDA oversight of the study, so they can get the conclusions they want.

But Bruce Mirken of the Marijuana Policy Project said he was puzzled by the FDA’s decision. “It’s fascinating that they are making what strikes me as essentially a political move here,” said Mirken in an interview.

“There are plenty of herbal products that people use … that are not FDA-approved. It really sounds to me like the FDA is inappropriately intruding itself into a political process and I have to say I find it very sad.”

The issue of the medical use of marijuana has been long contested on the state and federal level. Some patients with diseases such as cancer, multiple sclerosis and glaucoma say only the herb provides relief, and sometimes their doctors agree.

But the federal government maintains that FDA-approved drugs, including a synthetic form of the active ingredient in marijuana, are adequate for these patients. The Drug Enforcement Administration and prosecutors say the medical marijuana movement is a thinly disguised effort to allow for recreational use of the illegal drug.

I can’t understand why, given the spectacular success of the Drug Warâ„¢, they would want to legalize it.

STRICT LEGAL CONTROL

Marijuana is a Schedule I drug under the Controlled Substances Act, the most restrictive schedule.

Last June, the U.S. House of Representatives rejected a bill that would allow the medical use of marijuana.

But 11 states have rebelled, most recently the Rhode Island state legislature which in January overrode Gov. Don Carcieri’s veto of a law legalizing marijuana used for symptom relief.

Efforts are underway in several other states, including Minnesota and Illinois, to legalize marijuana use.

The FDA expressed concern about this.

I can’t imagine why, I mean, what’s the point of the FDA if we eliminate the current prohibition? Do you think they would get much funding for being the FA (not that they should get any, they need to go away completely, but I’ll take one step at a time).

“These measures are inconsistent with efforts to ensure that medications undergo the rigorous scientific scrutiny of the FDA approval process and are proven safe and effective,” it says in the statement, made available to Reuters.

The interagency statement is to be posted at http://www.fda.gov/bbs/topics/NEWS/2006/NEW01362.html.

Tom Riley from the White House Office of National Drug Control Policy applauded the move.

“Why does it get a special get-out-of-jail-free card by plebiscite?” he asked. “The medical marijuana ballot initiatives have been attempts to do an end-run around science. Let’s takes it out the political realm and put it back into science where it belongs.”

Update, here’s more from the FDA:

Inter-Agency Advisory Regarding Claims That Smoked Marijuana Is a Medicine

Claims have been advanced asserting smoked marijuana has a value in treating various medical conditions. Some have argued that herbal marijuana is a safe and effective medication and that it should be made available to people who suffer from a number of ailments upon a doctor’s recommendation, even though it is not an approved drug.

Marijuana is listed in schedule I of the Controlled Substances Act (CSA), the most restrictive schedule. The Drug Enforcement Administration (DEA), which administers the CSA, continues to support that placement and FDA concurred because marijuana met the three criteria for placement in Schedule I under 21 U.S.C. 812(b)(1) (e.g., marijuana has a high potential for abuse, has no currently accepted medical use in treatment in the United States, and has a lack of accepted safety for use under medical supervision).

Under these guidelines, why aren’t cigarettes, or alcohol Schedule 1 substances as well? Could it be because that was already tried (with alcohol anyway), and because more people were affected, the results weren’t exactly what were wanted, and that when prohibition was lifted, it was found that it had created many more problems than it solved?

Furthermore, there is currently sound evidence that smoked marijuana is harmful. A past evaluation by several Department of Health and Human Services (HHS) agencies, including the Food and Drug Administration (FDA), Substance Abuse and Mental Health Services Administration (SAMHSA) and National Institute for Drug Abuse (NIDA), concluded that no sound scientific studies supported medical use of marijuana for treatment in the United States, and no animal or human data supported the safety or efficacy of marijuana for general medical use. There are alternative FDA-approved medications in existence for treatment of many of the proposed uses of smoked marijuana.

FDA is the sole Federal agency that approves drug products as safe and effective for intended indications. The Federal Food, Drug, and Cosmetic (FD&C) Act requires that new drugs be shown to be safe and effective for their intended use before being marketed in this country. FDA’s drug approval process requires well-controlled clinical trials that provide the necessary scientific data upon which FDA makes its approval and labeling decisions. If a drug product is to be marketed, disciplined, systematic, scientifically conducted trials are the best means to obtain data to ensure that drug is safe and effective when used as indicated. Efforts that seek to bypass the FDA drug approval process would not serve the interests of public health because they might expose patients to unsafe and ineffective drug products. FDA has not approved smoked marijuana for any condition or disease indication.

A growing number of states have passed voter referenda (or legislative actions) making smoked marijuana available for a variety of medical conditions upon a doctor’s recommendation. These measures are inconsistent with efforts to ensure that medications undergo the rigorous scientific scrutiny of the FDA approval process and are proven safe and effective under the standards of the FD&C Act. Accordingly, FDA, as the federal agency responsible for reviewing the safety and efficacy of drugs, DEA as the federal agency charged with enforcing the CSA, and the Office of National Drug Control Policy, as the federal coordinator of drug control policy, do not support the use of smoked marijuana for medical purposes.

Why can’t our government get out of the business of persecuting victimless crimes?

LP Politics: Salvation Through Private Property Alone

Friday, April 21st, 2006

by Brad Edmonds

[Posted on Thursday, April 20, 2006]

We’ve experienced several grand conflicts in recent weeks, months, and years — the aftermath of hurricane Katrina, the demonstrations and debates over immigration policy, the war on Iraq, and so on. While it is the natural tendency of news outlets to cover big problems (i.e., it’s not news when we all go to work and get back home safely every day), it remains that recent months have seen more than their fair share of disasters. What all these conflicts have in common, however, has not been covered by the mass media: In a free society with all property being privately owned, the problems would have been reduced or entirely prevented.

I’ll begin with Katrina: No one can stop a hurricane, nor affect its strength. Remember, though, that the hurricane did ordinary catastrophic damage to Louisiana and Mississippi. It was the existence of “public property” that resulted in subsequent flooding and bungled relief efforts that harmed the greatest number of people the most. If property were private, there wouldn’t have been government levees to fail. Either that section of New Orleans wouldn’t have been settled, or private levees would have been in place and been maintained far better than the government ones.

A likely scenario for private ownership of the levees would have seen their ownership in the hands of investors, and their upkeep paid for by insurers. Insurers would then charge homeowners in the levee-protected areas enough to cover the cost of maintenance. As it was, since government money paid for maintenance, it was possible for that money to be diverted — as it was, in this case, by the Bush administration, toward the war on Iraq. Then, in the aftermath, government employees turned away private trucks loaded with relief aid. The State continues to squander money earmarked for relief efforts, such as with the non-flood-zone approved house trailers rotting in the mud in Texas and Arkansas. Private insurance companies, who have to compete with each other to retain customers, do better than this.

Compounding the problems with “public” ownership of property — in this case, money — are the welfare funds paid out to victims, in the form of prepaid debit cards. And the larger the centralized government relief effort, the spottier the oversight. As one example, the New York Times was embarrassed recently when it was revealed that a self-described hurricane Katrina victim highlighted in a Times story was in fact a fraud. The person has since been arrested; never lived in the area affected by Katrina; and received thousands of dollars in federal relief funds, though the focus of the newspaper story was that she was frustrated by her lack of success in getting our dollars for hurricane relief.

Doubtless there are many such people. And as tragic as natural disasters are, the moral good of relief efforts still should not be accomplished through a moral bad — the confiscation of money from people who were not victims of the same hurricane, but doubtless have pressing needs of their own.

Immigration policy, as it should be formed in our given context of a forcible central government, is still a matter of debate among libertarians. What is not debatable is that there is no immigration policy in a society where all property is private. While merchants and road owners always have incentive to allow as many people on their property as possible, they still have incentive to chase away those with the wrong intentions. Recently, for example, a college student attempted to spend his entire week of spring break at a Wal-Mart in the Midwest. He dined at fast-food stores within the building, and took naps overnight in the garden center. After only 41 hours, the trespasser became uncomfortably aware that he had been discovered, and left of his own accord.

Likewise, property in a free society would be owned by businesses, individuals, and a few other organizations (charities, churches) that might have incentive to allow strangers on their property, but would keep their eyes open for the wrong kinds of behavior. What this means is that a person wouldn’t be able to enter a free society without arranging in advance for a place to go — to reside and, barring independent wealth, to work. The effective immigration policies would be those of each individual and entity, each with regard to his own property only.

As to the war on Iraq, private property would have averted the war in any of several possible ways. If all property in Iraq were private, the United States would not have had a target in the first place — no government to attack. Attacking a private oil field, by contrast, would be unthinkable: No private petroleum concern, nor indeed any private concern of any kind, has an incentive to possess weapons of mass destruction; nor could one be accused of politically destabilizing a region. In modern times, no nation has ever made war on a corporation, nor has a corporation made war on any other entity.

If all property in the United States were private, the question would be simpler — there would be no “public” military to send to war. Only private militaries would exist, employed primarily by insurers; and in anything approaching a free market, no insurer could ever have an incentive to destroy property, whether its own or anyone else’s — private corporations are held responsible by the market (most directly by other insurers who are equally powerful) for “collateral damage.”

Natural disasters, the desire to relocate to improve one’s life, jealousy of power and resources — such things are inevitable in human affairs. They will never stop. It is the State that worsens these problems, often making them unsolvable. The institution of private property always provides the readiest solutions, by allowing the development of worthier infrastructures; by preventing uncontrolled trespassing while allowing freedom of movement; by preempting the development of jealousies and greed into war. Understanding the importance of private property ownership is the real first step in dealing with these problems. Alas, the mass media seem unlikely to come to this realization any time soon.

Be Afraid, Be Very Afraid.

Thursday, April 20th, 2006

Are ISPs to be Forced to Violate Privacy Protections with an Unfunded Mandate?

“The explosive idea of forcing Internet providers to record their customers’ online activities for future police access is gaining ground in state capitols and in Washington, D.C.”  is how Declan McCullagh’s article at CNET begins. The key thrust of the article was outlined by Michael Hampton at Homeland Stupidity:

Congress has been considering requiring Internet service providers to record the activities of their subscribers, store the data and make it available to government officials upon request.

Dragging out the “child porn” red herring again, the Bush administration and Republican members of Congress are pushing for requirements for ISPs to store data on subscribers, all the way up to recording everything each subscriber does online.

The first requirement that law enforcement officials want is for ISPs to keep a record of which Internet address is assigned to which subscriber at what times. Many ISPs reassign Internet addresses to subscribers based on which subscribers are actively using the network at a given time. The practice makes for more efficient usage of scarce addresses, but law enforcement officials complain that it frustrates investigations.

Obviously, online providers are balking at the idea – as should all Americans. From McCullagh:

Internet providers generally offer three reasons why they are skeptical of mandatory data retention: first, it is not clear who will be able to access records of someone’s online behavior; second, it’s not clear who will pay for the data warehouses to be constructed; and third, it’s not clear that police are hindered by current law as long as they move swiftly in investigations.

Both articles make for interesting (and scary) reading.

In a followup article, Hampton provides some pretty good general information in the latest security tips in keeping the government out of your online activities.

IRS Pays Homage to Patriot’s Day

Thursday, April 20th, 2006

Tuesday, 18 April 2006
Due to the 15th falling on a weekend, those that were fortunate enough to live in certain states were granted an extra day to file their taxes this year. The reason? Patriot’s Day – the holiday dedicated to celebrating the beginning of the Revolutionary War; more specifically, the Battle of Lexington and Concord.
The irony in all this is rather amusing considering the Revolutionary War was fought, in part, because of taxes. It’s a shame we have become worse than what we fought so hard to free ourselves from more than 200 years ago. For a little perspective on how bad things have become, check out this tidbit of information found in the comments of a recent Government Bytes post:
IN ADDITION TO FEDERAL INCOME TAX WE ALSO PAY:
Accounts Receivable Tax
Building Permit Tax
Capital Gains Tax
CDL license Tax
Cigarette Tax
Corporate Income Tax
Court Fines (indirect taxes)
Dog License Tax
Federal Unemployment Tax (FUTA)
Fishing License Tax
Food License Tax
Fuel permit tax
Gasoline Tax (42 cents per gallon)
Hunting License Tax
Inheritance Tax Interest expense (tax on the money)
Inventory tax IRS Interest Charges (tax on top of tax)
IRS Penalties (tax on top of tax)
Liquor Tax
Local Income Tax
Luxury Taxes
Marriage License Tax
Medicare Tax
Property Tax
Real Estate Tax
Septic Permit Tax
Service Charge Taxes
Social Security Tax
Road Usage Taxes (Truckers)
Sales Taxes
Recreational Vehicle Tax
Road Toll Booth Taxes
School Tax
State Income Tax
State Unemployment Tax (SUTA)
Telephone federal excise tax
Telephone federal universal service fee tax
Telephone federal, state and local surcharge taxes
Telephone minimum usage surcharge tax
Telephone recurring and non-recurring charges tax
Telephone state and local tax
Telephone usage charge tax
Toll Bridge Taxes
Toll Tunnel Taxes
Traffic Fines (indirect taxation)
Trailer registration tax
Utility Taxes
Vehicle License Registration Tax
Vehicle Sales Tax
Watercraft registration Tax
Well Permit Tax
Workers Compensation Tax

COMMENTS: Not one of these taxes existed 100 years ago and our nation was the most prosperous in the world, had absolutely no national debt, had the largest middle class in the world and Mom stayed home to raise the kids.

I especially like the last part. Perhaps another revolution is due?

LP Politics: Your tax burden is bigger than Tax Day

Wednesday, April 19th, 2006

Apr 19, 2006
by John Stossel

How was your Monday? Did you file your tax return with a smile, looking forward to the refund check from Washington and forgetting that it was your money in the first place? Even if you wrote a big check, I bet you don’t recognize just how heavy your tax burden is.

In 1904, government, federal and state, cost every citizen $20 per year, according to a 1999 Tax Foundation study. Don’t blame inflation –that only brought it to $340. For more than 150 years after we declared independence, we spent less than $1,000 each on government. Yet by 1999, government cost every man, woman and child an average of more than $10,000 per year — more than housing and health care combined. The price went down a little after that, but then it started climbing again.

You probably don’t know how much you pay, because the government is sneaky about how it taxes you. Paying withholding taxes each pay period dulls the pain of the income tax — it’s money you earned, but it’s never in your hands — and a hundred other taxes are hidden. For my TV special “John Stossel Goes to Washington,” we followed St. Louis construction worker Bill Thurston and totaled the little-known taxes he paid daily. It started with the tax on the electricity that powered the alarm clock that woke him. Bill paid two taxes on his toothpaste. He paid a tax on water to get it into his home, and a sewer fee so it would go out. Daring to drive to work cost him more: He paid personal property tax on his truck; he had to pay sales tax when he bought it. And when he bought the gas, there was a county gas tax, a state gas tax and a federal gas tax.

At work, Bill gets stuck with local income tax, state income tax, federal income tax, Social Security tax and Medicare tax. Bill’s boss needs two employees just to calculate how much to withhold from paychecks, and while their salaries don’t go to the government (except for local income tax, state income tax, and so on), that’s money Bill’s employer can’t spend on developing his business or giving Bill a raise.

Because Bill’s wife works, the Thurstons pay a marriage tax of $1,000 a year. Then there’s the grocery tax, property tax, utility tax, FCC tax and a county tax on the cable TV, and a whole bunch of different taxes on the phone. And if after paying all these taxes Bill and his wife want to relax with beer or cigarettes, there are sin taxes on those.

Why should government cost us more than shelter? Political scientist James L. Payne examined the record of 14 congressional appropriations hearings and found that of 1,060 witnesses who testified, only seven spoke against spending money, while more than a thousand testified that the spending — whatever it was — was necessary. Even a politician who believes in limited government has a tough time resisting a constant onslaught of “needy” people saying, “This program is crucial!”

The testimony is lopsided because of the “concentrated benefits-diffuse costs” problem: The benefits of any given government program go to a few, but the costs are spread among many. If sheep and goat ranchers get $200 million in handouts, it costs each of us less than $1. What are you going to do about that? Go to Washington and protest? For a buck, you probably won’t even write your congressman, let alone take him out to dinner or give him a $2,000 campaign contribution. Yet the sheep ranchers have an incentive to spend $199 million lobbying if it gets them a $200 million subsidy back. Economists call it rent-seeking.

Of course, even the sheep ranchers would be better off if the government stuck to its basic purposes. But it makes no sense for them to pay for everyone else’s programs and not demand their own.

The big bill came Monday. But see if you can catch all the taxes you paid today.