Death of Medical Marijuana Patient Denied Organ Transplant Shines a Light on the Federal Government's Absurd Marijuana Policy
Timothy Garon, a 56-year old Seattle-based musician, died last night from liver failure due to hepatitis C. Like so many critically ill people in the United States, he needed an organ transplant to survive. Unfortunately, the University of Washington Medical Center decided to deny Garon a new liver. Because donated organs are in such scarce supply, patients often remain on long transplant waiting lists or are denied an organ altogether if they fail to meet certain criteria established by transplant committees. Some common reasons for denial are that alcoholic patients continue to drink, those addicted to cigarettes continue to smoke, and those addicted to illegal drugs continue to use.
But Garon was not an alcoholic or drug addict. He did not get a new liver because he used a medicine recommended by his doctor to ease severe abdominal pain, nausea and lack of appetite. Were this medicine any other pill or prescription, Garon would have likely had his new liver and a chance to live out a full life. The problem is that Garon's medicine was marijuana. The Associated Press reported Garon's story on April 26:
When it comes to organ transplants, federal law apparently trumped state law for the University of Washington Medical Center transplant committee. While Garon's death renders the debate between federal and state medical marijuana laws moot in his case, the conflict between state medical marijuana laws and the federal government's stubborn and senseless devotion to all-out prohibition should not be allowed to claim another life of the hundreds of thousands of patients across the country who rely on medical marijuana to ease their suffering.
Let your representative in Congress know that you want to see a new federal approach to marijuana that allows sick and dying patients to use medical marijuana recommended by a physician without fear of criminal prosecution or other sanctions (such as being denied an organ transplant) by sending a personalized letter.
But Garon was not an alcoholic or drug addict. He did not get a new liver because he used a medicine recommended by his doctor to ease severe abdominal pain, nausea and lack of appetite. Were this medicine any other pill or prescription, Garon would have likely had his new liver and a chance to live out a full life. The problem is that Garon's medicine was marijuana. The Associated Press reported Garon's story on April 26:
Timothy Garon's face and arms are hauntingly skeletal, but the fluid building up in his abdomen makes the 56-year-old musician look eight months pregnant. His liver, ravaged by hepatitis C, is failing. Without a new one, his doctors tell him, he will be dead in days.If Garon was legally using medical marijuana, what's the problem? Medical marijuana is legal under Washington's state law, but remains illegal under federal law. There's the rub. The federal government has refused to ease its criminal prohibition on the medical use of marijuana despite the fact that twelve states have made medical marijuana legal, the vast majority (upwards of 70 percent) of the American public thinks that medical marijuana should be made legally available to patients, and the American College of Physicians recently called on the federal government to acknowledge the medical uses of marijuana and remove it from its classification as a 'Schedule I' drug, which subjects users to stiff criminal penalties.
But Garon's been refused a spot on the transplant list, largely because he has used marijuana, even though it was legally approved for medical reasons.
When it comes to organ transplants, federal law apparently trumped state law for the University of Washington Medical Center transplant committee. While Garon's death renders the debate between federal and state medical marijuana laws moot in his case, the conflict between state medical marijuana laws and the federal government's stubborn and senseless devotion to all-out prohibition should not be allowed to claim another life of the hundreds of thousands of patients across the country who rely on medical marijuana to ease their suffering.
Let your representative in Congress know that you want to see a new federal approach to marijuana that allows sick and dying patients to use medical marijuana recommended by a physician without fear of criminal prosecution or other sanctions (such as being denied an organ transplant) by sending a personalized letter.
May 20th, 2008 at 5:15pm
Before I begin, let me give my credentials because they are germain to my arguments.I am a physician who practiced Internal Medicine for many years. I have an MBA in healthcare management and am a practicing attorney specializing in Healthcare Law.
With all of that said, I want to offer both an opinion and a suggestion. Criminalizing any drugs, especially one like Marijuana is not only ineffective, but substantially damages society more than the drugs themselves do. When you add the cost in human suffering while in prison to the cost to our society of criminalizing an entire segment of society and the cost in dollars of waging this ultimately ineffectual "war," we see that its decriminalization and control (like other "drugs") would decrease our prison population by nearly half, allow law enforcement to focus on real crime and terrorism, virtually wipe out organized crime and contribute enough to the tax coffers to pay for Universal Health Care and education to prevent drug use in the first place.
Secondly, while marijuana is not legal in any state where I am licensed to practice Medicine, it is still something that is frequently recommended "off the record" when patients need it. Unfortunately, they cannot take a prescription to a drug store, but need to seek out their neighborhood dealer instead.
Finally, as an attorney, it seems that there is a way to try to prevent such travesties as Timothy Garon endured. Since marijuana is legal under state law, and the practice or Medicine is a function relegated to the state, I believe it would be possible to commence a wrongful death, or other action against the University of Washington Medical Center. While I know that their refusal of the liver was probably tied to requirements for federal funding, enough lawsuits would make it less expensive for them to do the right thing than accede to the dictates of a government that by any poll, represents less than 30% - 40% of the people in this country.
Jan 11th, 2009 at 12:25am
I support the denial of a new kidney to Mr.Garon.
Not because of drug use, but because kidneys are in short supply and should preferentially be given to people who weren't so heinously stupid as to contract hepatitis C by sharing needless.
Jun 3rd, 2009 at 4:09pm
Are you kidding me soylent. Have you ever had a blood transfusion, worked in health care? There are many many ways a person can get hep c other then needles! Did you read anywhere that he was an iv drug user NO! It is ignorant people like you that keep a drug war going that causes more crime. Why do you think that the government stopped prohibition? It was because of crime. The crime rate related to alcohol rose significatly during prohibition.
Jul 6th, 2009 at 8:26am
Each and every day this country does not fail to amaze me on the amount of ignorent block heads such as Soylent. Prohibition isnt working obvously and the more time passes.... The worse crime will get, and all I can say is people need to quit brushing this issue under the rug before it does get uncontrolable. Its pretty damn sad when organized crime gangs are fully supporting or laws and our current and last president because there making enough money to do what they want when they want with no shortage of members, laughing in all of our faces that we let such dumbasses have such power. look at history PROHIBITION DOES NOT WORK IT MERLY CREATES WORSE, MORE POWERFUL CRIME ON A MUCH MUCH MUCH LARGER SCALE!!! I dont smoke marijuana, I see how much money can be made from hemp. 77 billion dallors a year in marijuana itself, gas, cloths, papers, and many other materials that can be made from it. I know what the government really wants us all to believe about marijuana, what I dont know is why, Do the smart thing america.
Jul 21st, 2009 at 9:16am
I'am in chronic pain and going to a pain management doctor, He stop seeing me because I have marijuana in my system this the sixth doctor that has stopped seeing me.I feel so discrimanated against.That doctors make you doctor shop just to releave your pain I can't afford street medication I live on SSD, At times I just feel like giving up.thank you for listing.
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