Judge Gustin Reichbach of Brooklyn has written an extraordinary op-ed in the New York Times where he admits to breaking the law by using marijuana to relieve his suffering from Stage 3 pancreatic cancer. New York does not allow such use of marijuana and the Obama Administration has been cracking down with raids and arrests over the use of medical marijuana. Reichbach details how, with cancer treatment, “Nausea and pain are constant companions. ” As a result, “I did not foresee that after having dedicated myself for 40 years to a life of the law, including more than two decades as a New York State judge, my quest for ameliorative and palliative care would lead me to marijuana.” But his admits that he came to rely on the drug and has added his voice to thousands who defend the use of medical marijuana. He is a justice of the State Supreme Court in Brooklyn.
Cancer patients have long said that marijuana was the only drug that relieved the worst symptoms of cancer treatments. My wife has told me that her mother took medical marijuana as she was dying from breast cancer and said that the drug had a significant impact on reducing her pain and discomfort.
Reichbach writes:
“Inhaled marijuana is the only medicine that gives me some relief from nausea, stimulates my appetite, and makes it easier to fall asleep. The oral synthetic substitute, Marinol, prescribed by my doctors, was useless. Rather than watch the agony of my suffering, friends have chosen, at some personal risk, to provide the substance. I find a few puffs of marijuana before dinner gives me ammunition in the battle to eat. A few more puffs at bedtime permits desperately needed sleep.”
His account is an important attention to the thousands of other medical marijuana users in this country. Obama’s prosecution of suppliers of medical marijuana and pressure on states that have decriminalized the use of the drug is nothing short of shameful. He has shocked many by his aggressive campaign against those states and his Administration’s expansion of medical marijuana prosecutions. Efforts to stop the raids by Obama Administration have been made in Congress but the Administration has successfully opposed such moves. While once promising to stop the raids and reduce prosecutions, the Administration has reversed course and is now conducting an all-out efforts against medical marijuana. Obama has been described as ” to the right of Ron Paul, Gary Johnson, Ronald Reagan and even George W. Bush on this issue.” Even Rick Perry defended the right of the states to allow medical marijuana.
Judge Reichbach’s account should be reading for every member of Congress, particularly his insistence that “[t]his is not a law-and-order issue; it is a medical and a human rights issue.”
I find it bizarre that so much effort has been expended against people using marijuana to relieve their pain. We have no problem loading them up with far more powerful drugs like morphine but prosecute them for using marijuana. When you have cancer, like Judge Reichbach and say that it helps you, I am inclined to be happy that it brings you relief. Thousands of sick people have stated that it brings them relief and yet the Obama Administration continues to waste resources and money to try to cut off their ability to use the drug. Now that is the definition of “Reefer Madness.”
As for Judge Gustin Reichbach, there will likely be calls for his removal from the bench as an admitted drug user and presumptive criminal. How do you think the bar should react? It would seem that there is a basis for prosecutors to ask for his recusal on drug cases. Would you agree that he should recuse himself from all drugs or just marijuana case or no cases?
Here is his background:
Reichbach received his B.A. degree from the State University of New York at Buffalo in 1967 and his J.D. degree from Columbia University School of Law in 1970.[1]
Legal careerReichbach began his career in 1972 as private practice lawyer in New York. He worked in this capacity until 1990 and also practiced law in California from 1974 to 1976. From 1972 to 1974, he was also an instructor at Brooklyn College and, in 1974 and 1975, he served as Counsel to the California Agricultural Labor Relations Board. His judicial career began in 1991 when he joined the New York City Civil Court of Kings County. He was then elected to the Supreme Court in 1999. Additionally, he served in 2003 as an International Judge for the United Nations Mission in Kosovo and was a Permanent Member of the Kosovo Supreme Court in 2004.
Source: New York Times as first seen on ABA Journal.
http://www.thirteen.org/metrofocus/2012/05/hempire-state-of-mind-where-leaders-stand-on-medical-marijuana-in-ny/ It looks like medical marijuana does not have support in the state legislature. Good for the judge. Maybe, he will get their attention.
“Obama would probably get more votes if he dropped his enthusiasm for enforcement.” BettyKath.
Is there significant number of votes here to be won?
Any guesses?
And just to know, what level of drug crime loses you you right to vote?
And Obama does not have to push. The other sled dogs are pulling like hell. Who needs a CIC when the law empowers?
We’re gonna have to some MJ busts, many if fact, among Congressmen.
I’m not a user and wouldn’t become one but I support the legalization of all marijuana and have for at least a decade. Prohibition doesn’t work. Obama would probably get more votes if he dropped his enthusiasm for enforcement.
Pin design:
The classical marijuana leaf design (green); known to all, with a rampant caduceus in red.
The space under can be reserved for organizational
acronymm or sponsoring orgs logo. Optional.
Elaine, amen.
Leander, the drug industry has long tentacles……..
* more cops use more uniforms, weapons, cars etc.; available to “control” protesters; provide jobs;
* more jails/prisons, many privately run require construction, food service, uniforms, etc.; provide jobs for COs and administrators.
* handy way of branding a criminal class, many who can no longer vote or get good jobs
* handy way of making a new slave class. Many prisons put their prisoners to work for industry. “Everyone” makes out: the industry gets cheap workers and the prisons get paid for providing the labor. The prisoners get paid but at extremely low rates. The companies get an improved profit margin.
What’s not to like?
Well, what can we do if we want to de-crimialize marijuana?
How do we counter the misinformation firmly anchored with the public.
Contributions welcome.
Here’s one idea.
Let’s show that it is in wide use by respectable people.
Make a pin to be worn, first by those with least to lose, by this category of users. It can spread, or quickly die out. As long as you and all connected with you is clean then what’s the danger. Oh, you get labelled! Same as Thomas Jefferson.
Well, change that to a pin saying you support the medical use of marijuana. Safer? Or “my SO used medical marijuana”.
As a person with chronic intractable pain I read many postings from people with pain who support the legalization of marijuana because they feel it will help with their pain. I do not know if it will or will not but I know it helps with glaucoma and have read too many anecdotes about the benefit for people like the judge. Heaven forbid there should be something in the armamentarium that pharma does not make and reap the profits.
The Obama administration appears to be ratcheting up its conservative creds on war and drugs in anticipation of the election. I fully agree with mespo on this issue.
If we ascend from the personal ethical scale to the macro, there arises the “qui bono”-question. Who benefits from criminalization.
Alcohol industries, LEO including specialized agencies like DEA, Customs, and implementation via sister agencies (Coast Guard,etc), and the taxes coming from regulated taxed drugs, chiefly alcohol.
Also the incarceration and the justice systems, and the covert income from CIA drug industries, the kickbacks from the distribution system.
I could continue, but the concept is established. I hope, that there are many who benefit from this criminalization of marijuana use..
That we run the risk of firmly establishing through permited use, a class of societal non-participants. But what says that they would be a greater burden than the habitual users are today, including the burdens which violence and incarceration and “human” costs incurred today? These latter would disappear.
Would all rush, as contended, after heavier drugs. Obama did not. I have no answer, but others may have stats or firmer based views.
However, there is nothing to fear IMHO.
The experience over at least 40 years in Holland speaks for that.
So when again, when again, shall we regain the right to control our lives? You say it is not a crushing issue. Say that to the users of marijuana, BUT DON’T forget to ask the victims of alcohol use, with its attendant tendency to enhance crimes of violence.
Maryjane doesn’t make for violence, especially if it is not criminalized. Not being a user, I don’t recuse myself from opinionating.
Mike, what exactly is the drug war industry.? The curious story about
Obama is that he often winds up to the right of Bush jun. It’s a bit confusing to watch actually. So I always find myself asking what interests are driving this and other politics.
idealist, I am pretty sure California has such a law. The odd thing is the feds overrule these law. It gets slightly absurd if you read that even Florida state employees officially administering the legal use could be in danger of being prosecuted, Rolling Stone (six-states-sweep?) must have followed this carefully. In an interview with RS Obama said it wasn’t his intend to prosecute medical marijuana users. So our brave NY judge is fairly safe.
Self confession time:
Of my six spread occasions, only one produced a “dangerous” effect.
That “danger one” was when the next day hangover included the realization that the “straight” life of job, etc was kinda meaningless. In my case this hangover required that I understood that I wss not equipped for another life style.
But I sure missed the heightened enjoyment of music, and other things. Amazing how erotic the feet can be.
Oh dear, there I am, self-referencing again. But it
seemed that someone had indicated that sharing was OK for now.
“The Drug War Industry” is supplemented by religious puritans who willingly stamp out anything that hints at human pleasure. I smoked marijuana for twenty consecutive years, before my marriage and children made the risk of criminal prosecution, outweigh the benefits of use. It induces a state of mild euphoria, allows one some self insight and certainly helps a person sleep at night. Its benefit for cancer patients has long been known. Its continued illegality is in itself a crime.
Does anyone know which states I can get palliative marijuana, the smoking kind? Any?
As for Obama, he’s rising higher and higher on the hate scale. Every day he’s got a new “change” for us.
And is there a “fair” non-political source which evaluates
Obama’s known actions. Excluding nat.sec. and covert of coourse.
Messpo and AY sum it up for me.
Wonder what Obama will do when Michelle needs help.
And has JT waited for a judge to call for sense? Doubt it, it must have been discussed here before.
“Obama’s prosecution of suppliers of medical marijuana and pressure on states that have decriminalized the use of the drug is nothing short of shameful.”
I wish the Obama administration were as eager to prosecute the crooks of Wall Street.
The War on Drugs finds another casualty and common sense takes another body blow. We spend $500.00 per second (2010 figures) on this Puritanical assault on personal preference and what have we got to show for it? Broken families, organized crime running the black markets and destabilizing neighboring countries, and a sense of powerlessness as we battle a force that may not emanate from our own free will … whatever that is.
The holy grail of the status quo militates against progress always. That is why we have ignorance.
The judg should recuse himself from any drug cases. Kudos to hom for being honest about th medicinal uses of marijuana. My prayers for his recovery. Pancreatic cancer is nasty stuff.
How about decriminalizing the damn stuff….. I bet the need for 90% of the LEO would drop…….
Noteworthy article…..
So I guess that makes Peter Tosh correct then. (In his song,… “judges smoke it, lawyers too”)