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It took a Texas jury only a day and a half to sock it to Merck on behalf
of Carol Ernst, a widow whose 53-year-old Vioxx-taking husband died of a heart
attack in 2001. Texas has a protect-the-corporations cap, so the $253 million
award will be reduced to $26 million, which will then be appealed. Merck shares
fell 8% on news of the verdict. Merck had chosen the venue, Angleton, Texas,
in Tom Delay's district, and the case, in which the autopsy listed the cause
of death as irregular heartbeat. (Clinical trials had linked Vioxx to heart
attacks, strokes and blood clots; irregular heartbeat can have other origins.)
The jury saw right through Merck's lies.
Merck killed 19 times as many Americans with Vioxx than the 9/11 hijackers
did with their planes, according to David Graham, MD, of the FDA. And it was
intentional. Early clinical trials had alerted Merck executives to
the fact that Vioxx caused coronary damage. Their response was to exclude from
future trials anyone with a history of heart trouble. Once Vioxx was on the
market, Merck suppressed indications that it was causing strokes and heart attacks
at twice the normal rate.
The jurors who found for Carol Ernst against Merck were speaking for the American
people, who have become totally hip to the pharmaceutical companies in recent
years. "Respect us, that's the message," a juror Derrick Chizer, told
the media. "Respect us." Forewoman Marsha Robbins said, "We expect
accountability, we expect them to be open with us, we expect them to be honest
with us."
Marijuana is literally and figuratively an alternative to Vioxx. The medical
marijuana movement has contributed -and could contribute much more- to exposing
and discrediting the pharmaceutical industry. Doctors in the Society of Cannabis
Clinicians report that a large percentage of their patients define their progress
in terms of which pharmaceutical drugs they can do without (avoiding adverse
side effects and, often, great expense). "How's your back pain?" the
doctor will ask. "I'm taking half as many Vicodin," the patient will
respond.
Dennis Peron's famous line -"In a country where they give Prozac to shy
teenagers, all marijuana use is medical"- was not some sophistry trick
to achieve legalization, it was a putdown of the pharmaceutical industry and
a challenge to the medical establishment and to a rightwing culture that "medicalizes"
problems that are basically economic. Dennis had interviewed thousands of people
seeking to use marijuana for medical reasons, and determined that they all had
rationales as compelling as the rationale for prescribing SSRI antidepressants.
For his brilliant and forward-moving generalization, Dennis took an endless
ration of shit. To this day, in the high-level chatrooms, Dale Gieringer, Scott
Imler and others bemoan Dennis's line (truncating it, although they know better,
to "all use is medical").
If Gieringer, Ethan Nadelman and other second-rank movement leaders (no disrespect,
the second rank is a high rank indeed) had not taken offense at Dennis's line
in '96, if they had pondered and acted on its implications, maybe the public
in 2005 would be giving the medical marijuana movement some credit for exposing
Merck et al. as greed-driven manufacturers of dangerous drugs. And maybe the
public would not be surprised by footage of seemingly able-bodied young men
emerging from cannabis dispensaries But the second-rank leaders were in the
process of taking over the leadership, and they acted as if Dennis Peron, that
wild man, had outworn his usefulness. The pros from Dover were going to play
by the rules from now now...
Dennis's instinct was to break out of the single-issue trap. He had said all
along he wanted Prop 215 to be a step towards something bigger -MUCH bigger
than the "legalization" goal that the Drug Warriors accuse the medical-marijuana
advocates of pursuing. "This isn't about marijuana, this is about America,
it's about how we treat each other as people," he kept saying during the
Prop 215 campaign. After 215 passed he was in a double bind. He had built the
prototype "buy-low, sell-high cannabis club model" but he didn't see
how that model could lead to social change.
2. Dispensaries Get P.R. Conscious
The following email was sent on behalf of the Drug Policy Alliance by Dale
Giering of California NORML
SUPPORT NEEDED FOR SF MEDICAL MARIJUANA DISPENSARIES
The SF Board of Supervisors is being deluged with complaints against
MMJ dispensaries through an organized campaign led by neighborhood activists.
Their aim is to pressure the Board to push a tough anti-dispensary ordinance.
In order to resist this effort, we need allies from outside the MJ community
who are willing to speak up in favor of the clubs. It would be particularly
helpful to enlist supportive businesses, neighborhood groups and health care
professionals. Please let us know if you are aware of any 'outside' supporters
of dispensaries from S.F. who would be willing to voice their support. We are
aiming to organize a campaign in favor of the dispensaries. Please circulate
among friends in the SF area.
This effort would not be necessary now if the clubs had been relating differently
to their customers (aka "the patients") all along. I don't mean that
they should have been "providing social services" (the phrase makes
my skin crawl) which some are now trying to do. I mean treating people as comrades
in a political/educational struggle for the consciousness of America. At Dennis's
club the primary transaction was political/educational. In the early-to-mid-1990s
seven thousand people got cards there at a time when getting one was a subversive
act in and of itself. Then the place became Prop 215 headquarters. Even DP's
misbegotten run for governor in '97 meant that 1444 Market was a political beehive.
You couldn't get upstairs without passing the literature/petition counter on
the mezzanine. What I'm really talking about, though, is unquantifiable -a vibe,
a mood in the air. At 1444 Market the nature of the dialogue between staff and
patrons and between patrons and patrons usually touched on our new collective
discovery: marijuana has beneficial medical effects for an amazing range of
conditions! (And I bet a proper clinical trial would reveal that political action
has antidepressant and other beneficial health effects.)
At very few of the clubs today is politics in the air. The transactions at
the counter are overwhelmingly commercial. You might say Well, the times are
different, the freshness of our discovery is gone. It isn't. Tashkin's cancer
study, the role of CBD, the marketing of Sativex, the rescheduling fight, the
busts, all the news that interests you and me would interest a significant fraction
of cannabis dispensary patrons if it was laid on them in the right way. That's
the role that I thought a paper could play. I told Ethan Nadelmann in December
'96 as he started tritzing off to the other states (anointed by the NYT as our
leader) that we needed a paper to sustain the movement in California. I wanted
to say it at ASA's first conference when they wouldn't let me speak on What
is to be done. I tried to explain to Hilary McQuie the need for a paper and
she cut me off: "That's not politics, that's media."
Organizing the club members might have obviated the need to now fight a NIMBY
backlash in another way: the more responsibility people feel towards the movement,
the less they'll tolerate loitering by knuckleheads, and some of the knuckleheads
would have been transformed, just from having been treated with some intellectual
respect, into better citizens.