NEWS: Patient Advocates Appeal Federal Decision to Deny Medical Marijuana to Millions of Americans

Notice of appeal filed in D.C. Circuit challenges recent denial to reschedule marijuana for medical use

Washington, DC -- The country's leading medical marijuana advocacy group, Americans for Safe Access (ASA), with the Coalition for Rescheduling Cannabis (CRC), today appealed a recent decision by the federal government to keep marijuana classified as a dangerous drug with no medical value. The appeal to the D.C. Circuit comes just two weeks after the Obama Administration denied a 2002 petition to reschedule marijuana filed by a coalition of patients and advocacy groups. ASA will argue in a forthcoming appeal brief to be filed in the next few weeks that the federal government erred by keeping marijuana out of reach for millions of patients throughout the United States.

"By ignoring the wealth of scientific evidence that clearly shows the therapeutic value of marijuana, the Obama Administration is playing politics at the expense of sick and dying Americans," said ASA Chief Counsel Joe Elford, who filed the notice of appeal today. "For the first time in more than 15 years we will be able to present evidence in court to challenge the government's flawed position on medical marijuana." Although two other rescheduling petitions have been filed since the establishment of the Controlled Substances Act in 1970, the merits of medical efficacy was reviewed only once by the courts in 1994.

Patient advocates argue that by failing to reclassify marijuana, the federal government has stifled meaningful research into a wide array of therapeutic uses, such as pain relief, appetite stimulation, nausea suppression, and spasticity control among many other benefits. In 1988, the government ignored the ruling of its own Administrative Law Judge Francis Young who said that, "Marijuana, in its natural form, is one of the safest therapeutically active substances known to man."

Since the CRC petition was filed, even more studies have been published that show the medical benefits of marijuana for illnesses such as neuropathic pain, multiple sclerosis, Alzheimer's. Recent studies even show that marijuana may inhibit the growth of cancer cells. Earlier this year, the National Cancer Institute, a division of the federal Department of Health and Human Services, added cannabis (marijuana) to its list of Complementary Alternative Medicines, pointing out that it's been therapeutically used for millennia.

Ironically, in December of 2010 the Obama Administration issued a memorandum on "the preservation and promotion of scientific integrity" of the executive branch. Yet, the application of such integrity appears to be applied selectively and not with regard to medical marijuana. "With science on our side, we will put an end to the government's political posturing," continued Elford, "and force the Obama Administration to adhere to its own stated policy of emphasizing science over politics."

When the latest petition was filed by the CRC in 2002, eight states had adopted laws recognizing and decriminalizing the medical use of marijuana. Today, sixteen states and the nation's capitol have passed medical marijuana laws with many more states currently considering proposals to implement similar laws.

Further information:
ASA notice of appeal filed today: http://AmericansForSafeAccess.org/downloads/CRC_Appeal_Notice.pdf

DEA answer to CRC petition: http://AmericansForSafeAccess.org/downloads/CRC_Petition_DEA_Answer.pdf

CRC rescheduling petition: http://www.drugscience.org/PDF/Petition_Final_2002.pdf

White House scientific integrity memo: http://www.whitehouse.gov/sites/default/files/microsites/ostp/scientific-integrity-memo-12172010.pdf

VIDEO: Concerned patient advocates speak out on dispensary ban at Westminster City Council Meeting

David and Marla James (of Americans for Safe Access) speak on a Medical Marijuana Ban at the Westminster City Council Meeting during public comment. February 23, 2011.

NEWS: Medical Marijuana Coalition Presses DEA for Response to Rescheduling Petition as Senate Holds Confirmation Hearings on Administrator Michele Leonhart

A national coalition of medical marijuana advocates is renewing their demand to the Drug Enforcement Administration to act on an eight-year-old petition to reschedule marijuana for medical use as the U.S. Senate Judiciary committee holds confirmation hearings for interim DEA administrator Michele Leonhart this Wednesday, November 17, 2010.

The rescheduling petition offers a unique opportunity to narrow the ever widening gap between federal and state medical marijuana laws. Last week, Arizona became the 15th state to legalize medical use of marijuana. Medical use of marijuana was first approved by California in 1996. However, the intervening years have seen no movement by DEA officials to revise obsolete regulations against medical marijuana.

The marijuana rescheduling petition, filed by the Coalition for Rescheduling Cannabis in 2002, presents the Obama administration with a rare opportunity to reclassify marijuana by removing it from the most restrictive schedule in the Controlled Substances Act. Marijuana is currently a schedule I drug, meaning that it has no accepted medical use and is only available for research under the most restrictive conditions provided by federal regulations. Recognition of marijuana's accepted medical use by 15 states would enable the DEA to place marijuana in a less restrictive schedule, enabling increased research, patient access, and establishing a federal regulatory context for state medical marijuana programs.

Federal rescheduling is supported by the American Medical Association, the American Nurses Association, and the American Public Health Association. Rescheduling is necessary to implement the recommendations of the Institute of Medicine of the National Academy of Sciences. The Department of Justice (DOJ) has also recognized that marijuana is used medically under state laws and directed the DEA and U.S. Attorneys not to prosecute individuals for such use in these states. In addition, recent studies by the California Center for Medicinal Cannabis Research have documented marijuana's effectiveness in treating a variety of ailments.

A final decision on the rescheduling petition is supposed to be made by the Drug Enforcement Administration (DEA). As acting DEA Administrator, Michele Leonhart has had the rescheduling petition on her desk for three years but has so far failed to respond. "It's time to end the delay," says Coalition spokesman Jon Gettman, adding, "The government has had eight years to consider this petition, during which the evidence for marijuana's medical efficacy has only grown."

The Coalition for Rescheduling Cannabis includes the American Alliance for Medical Cannabis, Americans for Safe Access (ASA), California NORML, the Drug Policy Forum of Texas, High Times, the National Organization for the Reform of Marijuana Laws (NORML), New Mexicans for Compassionate Use, Oakland Cannabis Buyers Cooperative, and Patients Out of Time.

Source: PR Newswire

NEWS: Medical Marijuana Advocates Bring Attention to DEA Confirmation Hearings

Acting DEA head Michele Leonhart, a Bush-holdover, led aggressive campaign against medical marijuana

WASHINGTON - November 15 - After more than two years as acting head of the Drug Enforcement Administration (DEA), Michele Leonhart, who served as Deputy DEA Administrator during George W. Bush's presidency, is scheduled to be confirmed by the Senate Judiciary Committee this Wednesday, November 17th at 2:30pm EST. No friend to medical marijuana patients, Leonhart along with her former boss, DEA Administrator Karen Tandy, were responsible for more than two hundred paramilitary-style raids on patients and their providers. As Acting DEA Administrator, Leonhart has continued to raid dispensaries, growers and medical marijuana testing labs despite a change in federal policy under President Obama.

Although Leonhart is expected to be easily confirmed, advocates want to hold her feet to the fire, and are encouraging Senate Judiciary Committee members to ask tough questions about adherence to President Obama's Justice Department policy and her plans for addressing the growing divide between federal and state medical marijuana laws. "Leonhart's track record of causing untold harm to patients and their providers over the years is cause for a serious lack of trust in the medical marijuana community," said Caren Woodson, Director of Government Affairs with Americans for Safe Access, the country's leading medical marijuana advocacy group, which has submitted questions to be asked of Leonhart during the confirmation hearing. "We need to know that Leonhart has a plan for medical marijuana and the protection of patients and that she will be held accountable for her actions."

What:
Michele Leonhart's confirmation hearing to be the next DEA Administrator

When:
Wednesday, November 17th at 2:30pm

Where:
Senate Judiciary Committee, Dirksen Senate Office Building, Room 226, Washington, DC

In October 2009, the Obama Administration issued a memorandum to U.S. Attorneys discouraging the use of federal resources to prosecute individuals who are in "clear and unambiguous compliance" with their state medical marijuana law. Since then, ASA has tracked more than 30 federal enforcement raids in California, Colorado, Hawaii, and Nevada, all medical marijuana states. By contrast, local and state governments are recognizing the need for, and authorizing methods of, distribution of medical marijuana. In a grassroots push over the next two days, medical marijuana advocates across the country are calling on Senate Judiciary Committee members to ask hard questions of Leonhart. "Leonhart must look at this as a public health issue and do more to reconcile the conflict between local, state and federal laws," continued Woodson.

In addition to enforcement, as head of the DEA, Leonhart will have authority over an unanswered marijuana Rescheduling petition that has been pending since 2002. Filed by the Coalition for Rescheduling Cannabis (CRC), the petition originally argued before the Bush Administration that marijuana has medical value and should be rescheduled. Now before the Obama Administration, advocates and coalition members are expecting more rigorous scrutiny on an issue that has been progressively moving toward scientific and mainstream acceptance. This past week it was confirmed that Arizona, which narrowly voted for Proposition 203, would become the country's 15th state to pass a medical marijuana law.

Under the authority of the Controlled Substances Act, Leonhart has significant control over medical marijuana research in the U.S., and has used her position as Acting Administrator to obstruct the scientific advancement of this important therapeutic substance. In January 2009, days before President Bush was to vacate his office, Acting Administrator Leonhart thwarted an effort to end federal obstruction of medical marijuana research, ignoring an 87-page recommendation from her own DEA Administrative Law Judge Mary Ellen Bittner, who ruled that such research was "in the public interest." The DEA and the National Institute for Drug Abuse (NIDA) have colluded to obstruct medical efficacy studies by prioritizing research on the supposed harmful effects of marijuana.

Further information:

Leonhart confirmation hearing notice: http://judiciary.senate.gov/hearings/hearing.cfm?id=4850

ASA Questions for Leonhart: http://AmericansForSafeAccess.org/downloads/ASA_Leonhart_Questions.pdf

ASA Memo to Senate Judiciary Committee: http://AmericansForSafeAccess.org/downloads/ASA_Leonhart_Memo.pdf

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Americans for Safe Access is the nation's largest organization of patients, medical professionals, scientists and concerned citizens promoting safe and legal access to cannabis for therapeutic use and research.

NEWS: Manager of medical marijuana collective back on trial

SAN DIEGO, Calif. (CBS 8) - Pretrial motions will continue in the case against a medical marijuana patient charged of illegally possessing and selling the drug.

Jovan Jackson was arrested last year as part of a raid a dispensary in Kearny Mesa.

Jackson was acquitted of similar charges in December following an arrest in 2008.

The jury said the lack of clarity in the state law made it impossible to convict him.

Jackson could get 5 years in prison if convicted on the new charges.

Source: CBS

NEWS: San Diego Pot Trial Could Be National Test Case

Federal, state and local laws are confusing and contradictory

A Vista man facing federal drug charges for operating a medical marijuana dispensary was dealt a legal blow this week. U.S. District Judge Barry Ted Moskowitz, the federal judge overseeing the proceedings against James Stacy, issued a ruling that will deny Stacy's lawyer from presenting the “Obama-said-I-can" argument, known as entrapment by estoppel (essentially, when an official grants legal permission to do something and then arrests them for it) as a defense at trial.

The judge’s motion also set limits on evidence that could be presented at trial to demonstrate Stacy’s compliance with state law.

The Movement in Action pot collective founder is the first to go to trial after the Obama administration ordered the Drug Enforcement Administration to stop raiding dispensaries in states where medical marijuana was legal.

Supporters of medical marijuana across the country see Stacy’s trial as a test case for the future of pot-shop litigation.

Last year on September 9, during a sting operation called Operation Endless Summer, more than a dozen dispensaries were raided. Stacy was arrested after an undercover narcotics officer bought weed from Stacy’sshop. But Stacy argued that all transactions at his collective met the legal standards of the state.

“There was nobody ever in my collective that wasn’t a verified patient,” he says.
Stacy was charged with conspiracy to grow and sell marijuana, growing marijuana, and the possession of a firearm in the furtherance of his pot operation. Stacy says the gun was registered when he purchased it in Texas.

“It’s a totally legally owned gun,” he says.

Attorney Kasha Castillo told a reporter that her client’s defense was not intended as legal maneuvering but rather a as a reflection that Stacy believed that he was in full compliance with local, state and federal laws. At his hearing in December, Stacy, who has been free on a forty thousand dollar property bond told the court that he contacted the Secretary of State’s office, the state Attorney General’s office, and that he had hired an attorney to make certain that his collective was in compliance.

“When I first heard about this kind of business,” he says, “I thought I was the right person for it because I do everything by the rules. I wait until the light changes to cross the street.”

Stacy, 46, a Dallas native, lives in Vista where he teaches martial arts. A medical marijuana user himself, Mr. Stacy had opened his Movement in Action dispensary and collective only a few months before the drug raid shut him down.

Of the more than 30 Operation Endless Summer arrests, only two marijuana dispensary owners were brought up on federal charges.Joseph Nunespleaded guilty in December of last year in exchange for a one-year prison sentence and three years probation. Stacy declined a similar plea deal that would have also culminated in his spending a year behind bars.

Jovan Jackson, another dispensary operator busted September 9 was acquitted of state charges by a local jury.

California was the first state in the nation to legalize medical marijuana with the passage of the Compassionate Use Act of 1996. But state government’s direction has been to leave regulation of medical marijuana dispensaries up to individual jurisdictions. California pot law therefore is a patchwork quilt of confusion.

The crackdown of local law enforcement last September was due in part to a sudden proliferation of marijuana storefronts in neighborhoods countywide (and elsewhere in California) after the Obama administration, in the evidence of growing public pressure to legalize marijuana, announced that they would cease to prosecute medical marijuana collectives and their customers.
But in spite of Obama’s moratorium, pot to this day remains a Schedule One controlled substance.

David Speckman is a San Diego attorney in private practice who represents more than a dozen medical marijuana collectives. He says that Obama’s good intentions aside, federal law is unchanged and that as such, possession is still illegal, medical marijuana recommendation or not. Earlier, he told SanDiego.com that “What [the feds] are saying is that for purposes of medical marijuana, they are going to defer to the states but with a very important caveat: that one may believe that they are in full compliance with state law and still run amiss of the federal law.”

“What the bust is about,” says Stacy, “is whether the DEA can ignore what the President says and continue to harass medical marijuana dispensaries.”

Alex Kreit chaired the city council’s Medical Marijuana Task Force.

“Though Attorney General [Eric] Holder's memo stated that the federal government would not go after individuals who were operating in compliance with state medical marijuana laws, Mr. Stacy will not have the opportunity to present evidence in federal court that his actions were lawful under state law,” he says. “The San Diego U.S. Attorney's office should explain why it is not abiding by Attorney General Holder's directive and has instead decided to use previous federal law enforcement resources to interfere with California's medical marijuana law.”

On Friday, July 2, Stacy, who faces 20 years behind bars if convicted, pleaded not guilty in federal court to three additional charges brought by the district attorney.

“Unless and until federal law changes,” says Kreit, “there will always be a danger that overzealous federal prosecutors will target medical marijuana caregivers like Mr. Stacy.”

“This is aging me in ways you don’t even know,” says Stacy. “My poor wife, she’s starting to get gray hair. We both have upset stomachs all the time.”

Trial has been set for August 30.

Source: SanDiego.com

Are Dispensaries Losing their Bank Accounts?

Since June of 2008, ASA has been receiving calls from legally operating dispensing collectives stating that their business accounts have been closed by a variety of banking institutions.

These closures have occurred without explanation, and in many cases, without notice. One collective even received an un-signed form letter dated 6 days AFTER the account had already been closed!

Beginning in April of 2009, ASA has confirmed more attempts to shut down accounts by numerous financial institutions. This is particularly concerning for us because this activity comes after the US Department of Justice disseminated its new policy re: Investigations and Prosecutions in States Authorizing the Medical Use of Marijuana.

ASA is currently working with Members of Congress to investigate whether the US Department of Justice is involved. If you or someone you know has been a victim of this process, please share the details with ASA by replying to this message (action@safeaccessnow.org).

Thank You,
- The ASA Team

NEWS: Rudy Reyes; Activist, Patient, Politician

By Eugene Davidovich

On October 26, 2003, the Cedar wildfire was raging through the San Diego County, claiming over a dozen lives and taking with it thousands of homes. Many believe the fire caused the worse damage in the history of San Diego County. According to Wikipedia, “The Cedar Fire burned 280,278 acres (1,134.2 km2) 2,820 buildings (including 2,232 homes) and killed 15 people including one firefighter before being contained on November 3, making it the largest fire in recorded California history up to that time”.

Rudy Reyes, an Archaeology major and instructor at several local colleges, on the night of the 26th was living near the Barona Indian Reservation of San Diego County. Watching and listening to the news coverage of the fires, he had no idea that the part of San Diego County where his family lived, was directly in the path of the cedar fire, and that on this night, the fire would change the direction of his life forever.

By the time Rudy realized his family’s home was facing imminent destruction from the oncoming tower of flames, he also realized the firefighters themselves had already evacuated. Rudy knew he had to act fast. Believing that his family members were still in their home and in danger, Rudy jumped in his car, rushed to the house and managed to evacuate everyone to safety.

Once his family was safe, Rudy tried to get out of the way of the fire. Unfortunately by that time the fire had grown exponentially stronger and Rudy found himself trapped. His car that just a few minutes ago ran with no problems would no longer start. Rudy explained during the interview, “When I turned the keys, nothing happened. It was like the car was disabled”.

Rudy went on to explain that the nearby flames had sucked up all the usable oxygen in the area, and since all internal combustion engines require oxygen to operate, the car wouldn’t start.
Now realizing that if he remained in his car he would surely not make it, Rudy got out, ran into the house and jumped in the shower in hopes the water would protect him from the imminent threat of the flames.

While standing in the shower Rudy recalled, “I looked up at the ceiling and saw that it had become fluid and covered in waves of blue flames. I knew it was time to get out, and get out fast”. After making his way out of the house and back into the driveway, he found his car had already caught fire and that there was only one way out of the situation; run through the fire line.

Without having much time to ponder the issue, Rudy covered his face with his hands and made his way through the tunnel of flames that appeared to have on the other side of it a safe exit. Only a few seconds into his escape, he felt his muscles tighten and “it became extremely difficult to move my feet, what was an easy walk on a paved street on a normal day, began to feel like I was walking through quicksand, I felt the elasticity in my muscles start to disappear”.

Knowing that if he stops, he surely would not make it till morning, Rudy pressed on. Minutes later he miraculously emerged on the other side of the fire, still conscious, in severe shock, yet still able to walk.

He made his way down to the road and tried to wave down the first truck he saw driving by. Shockingly Rudy described, “The truck flashed his lights, honked the horn, and passed me without stopping”. Rudy kept on.

As he described, what felt like an eternity later, Rudy saw another car. This time the driver pulled over and at the sight of Rudy shouted “get in the back now, we have to get you to a paramedic right away”. The Good Samaritan drove Rudy to the nearest ambulance and the paramedics eased Rudy into what turned into a two and a half month drug induced coma.

Rudy woke up to over 70% of his body covered in third degree burns and the realization that he now faced a lifetime of excruciating chronic pain, countless surgeries, and a body at the brink of overdose from the narcotics / pain relief medication administered to him at the hospital.

He quickly learned that the narcotics prescribed by his doctors were no longer working, and the pain became intolerable. In hopes of saving himself from a life of addiction to narcotics, Rudy listened to the recommendation of one of his doctors at the hospital, and tried medical cannabis. To his amazement, while an inpatient at the hospital, he was allowed to go outside and medicate using cannabis cigarettes in the hospital’s gazebo, as well as began applying cannabis infused creams to his burns which his family brought him.

Once out of the hospital and in need of safe access to the only medicine that helped him live a normal life, Rudy found himself on the front lines in San Diego County’s war like effort to eradicate access to medical cannabis. Rudy made the cause his own, and for years now has lobbied in front of the Board of Supervisors, City Council, and countless politicians for medical cannabis patient’s rights.

In 2008 Rudy’s efforts brought him to the race for San Diego County Board of Supervisors. He ran with the San Diego Democratic Party’s endorsement against incumbent Republican Diane Jacob for her seat. Although he wasn’t successful in winning the seat his first time around, he did manage to get an unheard of 20,000+ votes.

Today, dozens of surgeries later and with the full support of the community of patients in San Diego behind him, Rudy Reyes is gearing up for another fight. He has officially announced his candidacy for Santee City Council in 2010. Rudy told Nug Magazine, “The City of Santee needs a change”.

In 2010 Rudy intends to bring this change, and in 2012 he intends to make another bid for the San Diego County Board of Supervisors.

By 2012, Rudy will have two political races behind him and years of experience in the public eye. This combined with his resilience, ambition, and dedication to the community will make him a political force to be reckoned with.

The County Board of Supervisors and Santee City Council are just the beginning of Rudy’s political aspirations, his ultimate goal as he told Nug Magazine, is to go to Congress, where he can help address national issues related to interstate travel for medical marijuana patients as well as federal medical marijuana policy.

(this article was printed in February’s issue of NUG Magazine! Get your copy today!)

Eugene Davidovich
T: 619-621-8446
San Diego Americans for Safe Access
www.SafeAccessSD.org

Get Involved, get active, make a difference!
Join ASA - www.safeaccessnow.org

Americans for Safe Access (ASA) on the postponement of vote on medical marijuana ordinance in Los Angeles.

Hello, LA-ASA and Friends! Thanks to everyone who spoke up again in defense of sensible regulations for medical cannabis in Los Angeles. I am happy to report the City Council delayed vote on the draft ordinance, so that they could reconsider onerous new restrictions on where patients’ association can be located.

You can see the LA Times report on today’s meeting at:
http://latimesblogs.latimes.com/lanow/2009/12/la-city-council-delays-vote-on-marijuana-ordinance.html

Read more about the grassroots push to improve the regulations at:
http://aboutmedicalmarijuana.com/2009/12/10/la-city-council-rethinks-buffer-zones/

Get ready for another trip to City Hall next Wednesday, December 19, when the City Council meets to discuss the ordinance. They could vote to adopt it that day.
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Mark you calendars...

WHAT: Special LA-ASA Meeting with Executive Director Steph Sherer
WHEN: Saturday, December 19, 2009
http://www.AmericansForsafeAccess.org/December

WHAT: Community Forum on Medical Cannabis
WHEN: Saturday, January 16, 2009
http://www.AmericansForSafeAccess.org/LAForum
__________________
Don Duncan
California Director
Americans for Safe Access
http://www.americansforsafeaccess.org/

Americans for Safe Access (ASA) is the largest national member-based organization of patients, medical professionals, scientists and concerned citizens promoting safe and legal access to cannabis for therapeutic use and research.

Are you an ASA member? http://www.AmericansforSafeAccess.org/Join

REMINDER: Another Trip to LA City Hall Tuesday December 8 at 10am

Americans for Safe Access (ASA) is calling on medical cannabis patients and advocates to come back to Los Angeles City Hall on Tuesday, December 8, when the City Council takes up debate again on a controversial draft ordinance regulating patients’ collectives. This may be the last debate before they vote.

What: Los Angeles City Council Meeting
When: Tuesday December 8, 2009 at 10:00 AM
Where: Room 340, City Hall, 200 N. Spring Street, Los Angeles 90012 (entrance on Main St side of the building) [map]

Arrive early to complete a public speakers card. There are numerous paid parking lots around City Hall, or you can get public transit information at http://www.mta.net/riding_metro/default.htm

Councilmembers need to hear from you in advance about some important changes in the ordinance. Please take time to call the City Council before attending the meeting on Tuesday. Get talking points and other information here - http://www.safeaccessnow.org/punbb/viewtopic.php?id=4405

Don Duncan
California Director
Americans for Safe Access
http://www.americansforsafeaccess.org/

Americans for Safe Access (ASA) is the largest national member-based organization of patients, medical professionals, scientists and concerned citizens promoting safe and legal access to cannabis for therapeutic use and research.

ASA needs your help to stop Los Angeles City Attorney Carmen Trutanich ban dispensaries

ASA needs your help to stop Los Angeles City Attorney Carmen Trutanich from pushing an ordinance through the City Council that could effectively ban medical cannabis collectives in the city. On Monday, October 16, the Planning and Land Use Management (PLUM) Committee and Public Safety Committee will consider this badly flawed draft ordinance. Can you take a moment to call the committee members before that meeting and tell them to reject the City Attorney’s ordinance?

A simple phone call can make a big difference! Just call the committee members and say, “I am a medical cannabis supporter calling to ask the Councilmember to reject the draft medical cannabis ordinance prepared by City Attorney Carmen Trutanich.” [more info]

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Americans for Safe Access (ASA) is the largest national member-based organization of patients, medical professionals, scientists and concerned citizens promoting safe and legal access to cannabis for therapeutic use and research.