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issue 33

GHB Demonization Proceeds in States GHB LEGAL UPDATE
By Ward Dean, M.D.

Gamma hydroxybutyrate (GHB) is a substance that was quietly sold in health food stores during the late '80s. GHB is a naturally-occurring substance that is present in small amounts in every cell in the body, and is both a precursor and metabolite of the neurotransmitter GABA (gamma amino butyric acid). Because of (1) its prior sales in health food stores, (2) its role as a natural substance and metabolite of an amino acid, and (3) the fact that a New Drug Application has never been issued by the FDA, GHB falls within the definition of a food supplement, as determined by the Dietary Supplement Health and Education Act of 1994.

Some of the documented effects of GHB include anxiety and depression relief, a euphoric feeling of well-being, stimulation of growth hormone release, aphrodisiac activity in some people, induction of deep and restful sleep, normalization of abnormal ECGs, reduction of blood cholesterol, and others.

GHB Is One of the Safest Substances Known

Unlike sleep-inducing drugs, GHB is nonaddictive, non-habit-forming, has no toxic metabolites (in fact, it breaks down in the body into harmless, energy-producing Krebs cycle intermediates), and does not cause respiratory suppression (it protects the heart and brain from low blood levels of oxygen). GHB is so non-toxic that one person who "accidentally" took 15 tablespoons woke up 24 hours later, feeling sedated and with a headache - but no other negative effects-and recovered completely within hours.

With such a wide variety of beneficial effects and such a wide margin of safety, one would think that GHB would be touted as a wonder substance of the ages - which many GHB-users believe it to be. However, GHB is not viewed in this light by some elements of the FDA or DEA. Instead, factions within these agencies, as well as the gullible major media, have demonized GHB by falsely and maliciously: (1) labeling it "the date-rape drug" (intentionally confusing GHB in the minds of the public with rohypnol anesthersia); (2) nicknaming it "Grievous Bodily Harm"; (3) referring to it as an illegal "designer drug" with 100% abuse potential; and (4) attributing a number of deaths to GHB use.

Not one of these claims is true! I have extensively investigated the deaths alleged to have been caused by GHB and found that not a single one could be attributed to any toxic effect of GHB.

Illegal Prosecutions

A number of people (many of whom were honest, tax-paying owners of health food stores) have been prosecuted - and even sent to prison - for selling GHB! In a recent federal court case in Boston, in which I testified as an expert witness for the defense on the clinical uses and safety of GHB, I was astonished to find that the FDA had never even followed their own formal procedure for determining whether GHB was a dangerous drug.

When a substance is thought by FDA bureaucrats to be hazardous to the public welfare, and they decide that there is little time to follow formal procedures, FDA agents are authorized to seize the substance immediately. However, I learned that instead of seizing GHB upon discovery, the FDA in most cases has chosen to play "Junior G-Man." For example, the agency had its undercover agents repeatedly place large orders for GHB from a single business until they amassed enough of the product to prosecute the business-owner for a felony with the guarantee of major prison time. Over the course of this operation the agents allowed this business to sell the supposedly "dangerous substance" to countless non-police customers. This is hardly a procedure that should be followed if GHB were truly the toxic substance the FDA and DEA would have us believe.

A third legal remedy available to the FDA, in addition to formal procedure and immediate seizure, would be to obtain an injunction against the seller pending administrative resolution of the status of the substance. None of these three legal procedures were ever followed in any of the cases I investigated, however.

A New Strategy

Fortunately, the FDA's outlaw behavior has been exposed in court. As a result, many of the people who had been unjustly prosecuted and imprisoned are now having their convictions appealed and reversed. Judicial recognition of prosecutorial misconduct by US attorneys and the deliberate withholding of exculpatory evidence by the government has completely undermined the FDA's anti-GHB courtroom strategy. Consequently, the agency has been forced to adopt a new strategy.

Using the same misinformation and disinformation about GHB they used to rationalize their arrest and imprisonment of innocent people, the FDA's new "end run" tactic is to promote legislation to criminalize GHB at the state level. Although this is constitutionally a more appropriate level for regulation, if regulation were necessary, state legislatures, lacking any independent analyses of the merits of proposed legislation, frequently just rubber-stamp the FDA's illegal directives.

At the present time, the DEA/FDA is promoting bills to "schedule" GHB as a Class I Narcotic by state legislatures. A Class I narcotic is a substance that has been determined to have no medicinal value and a high potential for addiction and abuse. This would put GHB in the same class as heroin. Florida, Georgia and Rhode Island have already succeeded in criminalizing GHB in this way. In four states - California, Texas, Massachusetts, and Hawaii - such bills are in various stages of enactment.

An Extremely Dangerous Precedent

Such criminalization of what is essentially a food supplement would be an extremely dangerous precedent. Without the Dietary Supplement Health and Education Act, the FDA would probably not have allowed the sale of melatonin, DHEA, pregnenolone, and a number of other valuable substances. If the FDA succeeds in criminalizing GHB at the state level (using false information) they will be able to criminalize any food supplement, despite federal law prohibiting such activity. Who knows what supplement will be next?

Call to Action

There is still time to stop these bills, and to revoke the bills that have already been passed. We urge you to contact your state (not US) Representative or Senator immediately, and politely, but strongly urge them to vote against any criminalization of GHB. If you don't know the name of your state legislators, call the Secretary of State or capitol switchboard in your state to find out your legislators' name and phone number (and in many cases, their FAX numbers and e-mail addresses as well). If you are in a state that has not yet proposed GHB legislation (that is, if you are in a state other than California, Florida, Georgia, Hawaii, Massachusetts, Rhode Island or Texas), please check with your state legislators to determine if any anti-GHB bills are pending, and let us know if they are.

Alabama 205-242-7989
http://www.asc.edu/archives/legislat/legislat.html

Alaska 907-465-4648
http://state.ak.us/local/akpages/LEGISLATURE/
home.htm

Arizona 602-542-4900
http://www.azleg.state.az.us/

Arkansas 501-682-6211
http://www.arkleg.state.ar.us/data/leg&comm.htm

California 916-322-9900
http://www.state.ca.us/gov/legisca.html

Colorado 303-866-5000
http://www.state.co.us/gov_dir/stateleg.html

Connecticut 860-566-2211
http://ctstateu.edu/state/legislative_guide/legis_guide.html

Delaware 800-282-8545
http://www.state.de.us/govern/statelegi.htm

Florida 904-488-1234
http://www.leg.state.fl.us/

Georgia 404-656-5082
http://www.State.Ga.US/Legis/

Hawaii 808-587-0666
http://www.state.hi.us/csd/leg/leg.html

Idaho 208-334-2475
http://www.state.id.us/legislat/legislat.html

Illinois 217-782-3944
http://www.state.il.us/cms/hp0040.htm

Indiana 317-232-9550
http://www.ai.org/legislative/

Iowa 515-289-5129
http://www2.legis.state.ia.us/Current/Members.html

Kansas 913-296-2391
http://www.ink.org/public/legislative/

Kentucky 502-564-8100
http://www.lrc.state.ky.us/home.htm

Louisiana HR: 504-342-6945
Sen: 504-342-2040
http://www.senate.state.la.us/

Maine 207-287-1400
http://www.state.me.us/legis/

Maryland 410-841-3000
http://mlis.state.md.us/

Massachusetts 617-722-2000
http://www.magnet.state.ma.us/legis/legis.htm

Michigan
HR: 517-373-0135
Sen: 517-373-2400
http://www.migov.state.mi.us/legislature.html

Minnesota 612-296-6013
http://www.leg.state.mn.us/

Mississippi 601-359-3217
http://www.ls.state.ms.us

Missouri 573-751-2000
http://www.house.state.mo.us/gahome.htm

Montana 406-444-4800
http://www.mt.gov/leg/branch/branch.htm

Nebraska 402-471-2271
http://unicam1.lcs.state.ne.us/

Nevada 702-687-6800
http://www.state.nv.us/

New Hampshire 603-271-3321
http://www.state.nh.us/gencourt/gencourt.htm

New Jersey 609-984-3602
http://www.njleg.state.nj.us/html/njleg.htm

New Mexico 505-986-4589
http://www.technet.nm.org/legislature/

New York
Assm: 518-455-4100
http://assembly.state.ny.us/
Sen: 518-455-2800
http://senate.state.ny.us/

North Carolina 919-733-4111
http://www.ncga.state.nc.us/

North Dakota 701-328-2916
http://www.state.nd.us/lr/

Ohio 614-466-2000
http://state.oh.us/ohio/index-le.htm

Oklahoma 405-521-2711
http://www.lsb.state.ok.us/

Oregon 503-872-5272
http://www.leg.state.or.us

Pennsylvania 717-783-1550
http://www.state.pa.us/govstate.html

Rhode Island 401-277-2466
http://www.rilin.state.ri.us/

South Carolina 803-734-2923
http://www.lpitr.state.sc.us/

South Dakota 605-773-3011
http://www.state.sd.us/state/legis/lrc/lrc.htm

Tennessee 615-741-1552
http://www.legislature.state.tn.us/

Texas 512-463-1200
http://rampages.onramp.net/~rampages/austin.htm

Utah
HR: 801-538-1029
Sen: 801-538-1035
http://www.le.state.ut.us/

Vermont 802-828-1110
gopher://dol.state.vt.us/

Virginia 804-780-7985
http://hod.state.va.us

Washington 360-753-5000
http://www.leg.wa.gov/

West Virginia 304-347-4830
http://129.71.96.11:80/elected/

Wisconsin 608-266-0341
http://www.legis.state.wi.us/

Wyoming 307-777-7881
http://legisweb.state.wy.us/

What to Say When You Call

I would like to urge you to oppose any legislation to criminalize the sale or use of gamma hydroxybutyrate (GHB).

  1. GHB has been used safely in Europe for more than 30 years to help improve sleep, reduce anxiety and depression, lower blood cholesterol, and reduce addiction to alcohol and opiates, among other uses.
  2. The scare tactics currently being used by the FDA, DEA, law enforcement agencies, and news media to picture GHB as a dangerous narcotic are based on a complete misrepresentation of the facts.
  3. Despite what you may have heard, no one has ever died from the use of GHB. In fact, in every case where this has been alleged, a careful study of the incident revealed that some other substance or condition was responsible.
  4. Despite what you may have been told, no one has ever gone into a coma after using GHB. In fact, GHB produces a deep, restful sleep, from which users invariably awaken completely refreshed.
  5. Some European scientists, who are far more familiar with GHB than most American scientists, believe it may be the best antidepressant ever developed. Used properly, it could also help break people's addictions to really dangerous substances, such as alcohol and heroin.

Instead of criminalizing this valuable natural substance, we should be carefully studying it and making it available to the many people who could benefit from its use. Before casting any votes to restrict the use of GHB based on rumor, misinformation, and media hysteria, I urge you to carefully study the scientific research on GHB, the overwhelming majority of which supports its many beneficial effects and demonstrates its safety.

Ward Dean, MD, and John Morgenthaler, best-selling authors of Smart Drugs & Nutrients and Smart Drugs II: The Next Generation, are currently putting together a new book on GHB (gamma hydroxybutyrate, gamma-OH). In order to make this the most authoritative reference available on this highly controversial topic, they want to include lots of experiences of real people who have actually used GHB. For more information:

GHB Update

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