[Congressional Record Volume 143, Number 41 (Wednesday, April 9, 1997)]
[Extensions of Remarks]
[Page E607]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




[[Page E607]]



                  THE MEDICAL MARIJUANA DETERRENCE ACT

                                 ______
                                 

                        HON. GERALD B.H. SOLOMON

                              of new york

                    in the house of representatives

                        Wednesday, April 9, 1997

  Mr. SOLOMON. Mr. Speaker, today I am introducing legislation in 
response to the actions taken by the State of California and the State 
of Arizona to allow for the medical use of marijuana. The bill would 
deny Federal benefits to any individual convicted of using, possessing 
or selling marijuana.
  As we know, Mr. Speaker, it is a Federal offense to sell, use or 
possess a controlled substance, such as marijuana. Under existing law 
the courts have the authority, at their discretion, to deny Federal 
benefits to anyone convicted of using, possessing or selling a 
controlled substance, such as marijuana. My bill would eliminate the 
discretion of the courts in those States, which have approved the use 
of illegal drugs for medical use. In other words, anyone who violates 
Federal law in this matter would immediately lose any Federal benefit, 
license or grant for which they might otherwise be eligible.
  The Federal Government, or more specifically, the Food and Drug 
Administration has repeatedly rejected marijuana for medical use 
because it adversely impacts concentration and memory, the lungs, motor 
coordination and the immune system.
  A recent evaluation of the issue by scientists at the National 
Institute of Health concluded:

       After carefully examining the existing preclinical and 
     human data, there is no evidence to suggest that smoked 
     marijuana might be superior to currently available therapies 
     for glaucoma, weight loss associated with AIDS, and nausea 
     and vomiting associated with cancer chemotherapy.

  There is also increasing scientific evidence that marijuana would be 
the last medication you would want to prescribe to persons with AIDS 
since smoked marijuana further compromises the immune system, 
increasing the risk of infections and respiratory problems.
  As we know, the organizations which promoted the California and 
Arizona medical marijuana initiatives--NORML/Drug Policy Foundation, 
intentionally exploited the pain and suffering of others as part of 
their back door attempt to legalize marijuana.
  Within the next few days I will introduce a bill to deny Federal 
highway funds to any State which has approved the use of medical 
marijuana and yet failed to enact the Solomon amendment, suspending the 
drivers licenses to persons convicted of using a controlled substance.
  In addition, I will be introducing legislation to require DEA to 
revoke the Federal license of a physician to dispense medication if 
they recommended the use of marijuana for medical purposes. Federal 
law--Title 21 U.S.C. Code, section 824, provides the President 
authority to deny a doctor's registration to dispense controlled 
substances medication, if they are found to commit acts inconsistent 
with the public interest. In other words, the President already has the 
authority under existing law to end the medical marijuana fraud. All we 
really need is decisive action on his part. However, given the 
unwillingness of this President to fight the War on Drugs, Congress 
must act.

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