Judge Bittner sided with Prof. Craker in every major contention, rejecting the government’s claims that present cannabis supplies are adequate, that international treaty forbids alternative cannabis suppliers, and that U. Mass. failed to offer adequate security.

The DEA is not bound by Judge Bittner’s decision and is not expected to issue a final reply to it for several months. Past DEA administrators have rejected other administrative law judge decisions, notably Judge Francis Young’s 1988 ruling that marijuana should be rescheduled for medical use.

Nonetheless, the decision is expected to stir up pressure against the DEA within the new Democratic Congress, where supporters of medical marijuana have moved into leadership positions. The new chairman of the House Committee overseeing drug policy, Rep. Dennis Kucinich, advocates not only medical marijuana but also decriminalization. He replaces arch-drug-warrior Rep. Mark Souder, who led in legislative attacks on medical marijuana.

The establishment of a private producer of marijuana is crucial to conducting the kinds of FDA efficacy studies that the government has demanded in order to allow medical marijuana. Although NIDA has allowed its marijuana to be used in studies by California’s state-sponsored Center for Medicinal Cannabis Research, the results cannot be used for FDA approval, since that requires a new drug application from the manufacturer. NIDA has indicated that it has no interest in filing a new drug application for its marijuana. Therefore another manufacturer is needed to begin the process of new drug approval.

In effect, the government has created a Catch-22 situation, in which it insists that FDA studies are needed to approve marijuana, while at the same time it blocks the studies.

Among the studies that NIDA has blocked is one on marijuana vaporizers sponsored by California NORML and MAPS. The study, designed by Chemic Labs of Canton, Mass., is aimed at developing a smoke-free delivery system for medical cannabis. Because the government has declared that smoking is an unacceptable delivery form, the development of a smoke-free alternative is essential to winning FDA approval of herbal cannabis for medicine. In 2004, Chemic Labs asked to purchase 10 grams of marijuana from NIDA for a vaporizer study. For comparison purposes, Chemic applied to import another 10 grams of high-CBD marijuana from a licensed supplier in the Netherlands. After an 18 month regulatory delay, the applications were denied by NIDA and DEA.

In light of Judge Bittner’s decision, Chemic Labs is planning to re-submit the vaporizer research proposal shortly.

Drug reform advocates are hopeful that the Congress will hold hearings on the government’s obstruction of medical marijuana. However, prospects of actually passing legislation remain dim so long as the Bush administration remains in power.

Judge Bittner’s ruling is posted online at: maps.org/ALJfindings.PDF.