Before you read the ( DECLARATION OF ALLEN HORESH. M.D. RE MOTION FOR SUMMARY JUDGMENT )
Schedule I controlled substances "Placement on schedules; findings required, Except ... The findings required for each of the schedules are as follows:
(1) Schedule I.
(A) The drug or other substance has a high potential for abuse.
(B) The drug or other substance has ( no ) currently accepted medical use in treatment in the United States.
(C) There is a lack of accepted safety for use of the drug or other substance under medical supervision." [9]
No prescriptions may be written for Schedule I substances, and such substances are subject to production quotas by the DEA.
Under the DEA's interpretation of the CSA, a drug does not necessarily have to have the same abuse potential as heroin or cocaine to merit placement in Schedule I (in fact, cocaine is currently a Schedule II drug due to limited medical use):
When it comes to a drug that is currently listed in schedule I, if it is undisputed that such drug has no currently accepted medical use in treatment in the United States and a lack of accepted safety for use under medical supervision, and it is further undisputed that the drug has at least some potential for abuse sufficient to warrant control under the CSA, the drug must remain in schedule I.
Hon. Robert S. Lasnik
MICHAEL ADAM ASSENBERG, et. al.,
Plaintiff
ANACORTES HOUSING AUTHORITY,
Defendant. Case No. C05-1836L
DECLARATION OF ALLEN HORESH. M.D. RE MOTION FOR SUMMARY JUDGMENT
I am Dr. Allen Horesh and I am making this declaration on behalf of Michael Adam Assenberg. I have personal knowledge of the facts contained in this declaration, which is based upon information Mr. Assenberg has provided to me during medical visits and hospitalization. This declaration is a transcription of a telephone interview with me conducted by Lonnie Davis, the attorney for Mr. Assenberg, on April 13, 2006. I agree with this transcription but I did not personally write it.
I have been licensed to practice in Washington since 1999. I received an undergraduate degree in chemistry from Emory University in 1988 and I received my medical degree from the University of Chicago Medical School in 1993. I completed my internship and residency at the University of Chicago in 1996 and I was Board certified in internal medicine in 1996. From 1996 to 1999, I was on the faculty of Northwestern Medical School in Glenview, Illinois where I provided clinical instruction to residents. I practiced in Washington with Swedish Physicians from 1999 to 2004. In 2004, I joined Island Internal Medicine located at Current office address 2511 M Ave, Suite C in Anacortes, Washington.
I do not think anything can be said to be medically certain but I am making this statement with a high level of medical confidence, based on my professional observations and interactions with Mr. Assenberg over a period of time. I am currently the treating physician for Mr. Assenberg and I have been his treating physician since he first visited me on May 2, 2005. I have Mr. Assenberg eight times in my office and I saw him for two days in the hospital in December of 2005. Mr. Assenberg has chronic back pain related to a past injury, deep-vein thrombosis, and depression. I consider the chronic back pain and depression to be debilitating. The pain he experiences is intractable and it cannot be relieved by standard medical treatments and medications. Mr. Assenberg was hospitalized in November of 2004 in Tacoma after a suicide attempt. These medical conditions have a substantial and significant effect on his quality of life.
I have written two letters to the Anacortes Housing Authority for Mr. Assenberg. On September 11, 2005, I wrote a “to whom it may concern” letter saying that, based on Mr. Assenberg’s description, the snakes are service animals that help with his depression. On October 21.2005, I wrote a “to whom it may concern” letter recounting that Mr. Assenberg described his snakes as magnets for heat and that they helped to calm his nerves and stop his pain. I recall that sometime within the past year I was contacted by the Anacortes police officerat the suggestion of Mr. Assenberg. The police officer called because Mr. Assenberg had brought his snakes into a Safeway store. I told the police officer that he animals were service animals. I have had no other contact from any police agency about Mr. Assenberg’s snakes. The Anacortes Housing Authority has never contacted me concerning the snakes. I have no reason to doubt what Mr. Assenberg says about the benefits he receives from the snakes which he may keep within the confines of his apartment.
I have personally witnessed Mr. Assenberg experience convulsions so severe that he dropped to the floor and passed out. I saw this happen twice when Mr. Assenberg was hospitalized in December of 2005 for abdominal pain, nausea, and vomiting. I am convinced that Mr. Assenberg was not pretending to have these convulsions, which I consider to be pseudo-seizures, not true seizures. Mr. Assenberg describes the convulsions as not being rare and being related to the level of pain he was experiencing. I have not actually prescribed marijuana for Mr. Assenberg; I believe that physicians are required to have a special license to make such prescriptions. I do not have that special license. However, I have told Mr. Assenberg that marijuana would be useful for him. Since I have not actually prescribed marijuana for Mr. Assenberg, I have not advised him about a specific dosage or frequency of use. In May of 2005, Mr. Assenberg said that he uses one-half pint every three to four hours, as needed. I understand that Mr. Assenberg grows marijuana plants from seeds inside his apartment. It would be hard for me to quantify the number of plants or the quantity of marijuana Mr. Assenberg needs because that would depend on the yield from the plants, and the degree of pain he was encountering. I am comfortable that Mr. Assenbeerg is using marijuana as needed for the level of his pain.
In my medical opinion, Mr. Assenberg uses marijuana exclusively for treatment of a debilitating illness, i.e., his chronic pain and depression. I have observed no signs from Mr. Assenberg of drug abuse or drug seeking behavior. I have not seen any indication of adverse medical or psychological effect caused to Mr. Assenberg by his use of marijuana. When Mr. Assenberg made his first visit to my office, he gave me a home address in Anacortes; based on that I believe that he is a resident of Washington. I have reviewed with Mr. Assenberg information about the benefits of the medical use of marijuana as it relates reducing pain and nausea. I have not actively encouraged Mr. Assenberg to use marijuana although I agree that it has been of some benefit to him. In my professional opinion, the potential benefits of the medical use of marijuana outweigh the health risks for Mr. Assenberg. His use of marijuana is medically necessary. He used narcotic pain medications for a long time, including, oramorth (a form of morphine) and percocet. Even when he took these medications in, he still had significant amounts of unbearable pain. He still has heavy pain and marijuana is useful to him to deal with that pain. If Mr. Assenberg stopped using marijuana, he would experience more frequent and greater levels of pain. The Anacortes Housing Authority has never contacted me concerning Mr. Assenberg.
I declare that I have read this statement and that it is true and correct under penalty of perjury under the laws of the State of Washington. Signed at Anacortes. Washington this 20th day of April, 2006.
Allen Horesh, M.D.