Federal Position on Medical Marijuana Put Before Ninth Circuit

[tridim]

Big news.. Schedule I could be going down!
http://www.safeaccessnow.org/article.php?id=5707

For Immediate Release: April 10th, 2009

Federal Position on Medical Marijuana Put Before Ninth Circuit

Federal hearing is latest battle on whether policy is based on science or politics


San Francisco, CA -- Medical marijuana advocates will get to argue before the federal Ninth Circuit Court of Appeals on Tuesday, April 14th, the right to challenge an outdated position held by the federal government: "marijuana has no currently accepted medical use in treatment in the United States." The national advocacy group Americans for Safe Access (ASA) filed a lawsuit in February 2007 demanding that the federal government cease issuing misinformation and correct its statements on medical marijuana. "We welcome the Obama Administration's recently stated commitment to making policy decisions based on science, not politics," said Joe Elford, Chief Counsel with ASA. "This case is designed to ensure that the federal government's policy on medical marijuana is not politically motivated."

What: Oral arguments in a case before the Ninth Circuit that challenges the government's position on medical marijuana
When: Tuesday, April 14, 2009 at 9:30am
Where: Ninth Circuit Court of Appeals, Courtroom 4 at 95 Seventh Street, San Francisco, CA

In order to challenge the government's position, advocates are using a little-known law called the Data Quality Act (DQA). The DQA requires federal agencies such as Health and Human Services (HHS) and the Food and Drug Administration (FDA) to rely on sound science when disseminating information to the public. One of the main issues in the case is whether citizens have a right to challenge government information believed to be inaccurate or based on faulty, unreliable data.

"The science to support medical marijuana is overwhelming," said ASA Executive Director Steph Sherer. "It's time for the federal government to acknowledge the efficacy of medical marijuana and stop holding science hostage to politics." On March 9, 2009, President Obama issued a memorandum to the heads of executive departments and agencies stating that, "The public must be able to trust the science and scientific process informing public policy decisions," and calling for "transparency in the preparation, identification, and use of scientific and technological information in policymaking."

The original DQA petition was filed in October of 2004, aimed at forcing the Department of Health and Human Services (HHS) -- the FDA's parent agency -- to correct statements about the medical value of marijuana. After more than two years of delay by the federal government and a refusal to act on the petition, a lawsuit was filed in February of 2007. Despite a rejection by the federal district court in late 2007, Science Magazine published an editorial that year claiming that HHS had "violated its own DQA guidelines."

Preeminent legal scholar Alan Morrison, who founded Public Citizen's Litigation Group and who currently teaches at American University's Washington College of Law, is co-counsel in the case and will be arguing before the court on behalf ASA and patients across the country. "Citizens have a right to expect the government to be transparent and to use the best available information for policy decisions," said Morrison. "Unfortunately, so far, the government has been anything but transparent and has failed to produce any evidence for its policy statements on medical marijuana." In April 2006, while ASA was awaiting a response to the petition from HHS, the FDA issued a statement claiming that it conducted an "inter-agency review" and had "concluded that no sound scientific studies supported medical use of marijuana..." However, none of the alleged scientific evidence used to reach that conclusion was ever provided to ASA or the public.

Further information:
DQA Opening Appeal Brief: http://AmericansForSafeAccess.org/downloads/DQA_Appeal_Brief.pdf
President Obama's memorandum on scientific integrity: http://www.whitehouse.gov/the_press_office/Memorandum-for-the-Heads-of-Executive-Departments-and-Agencies-3-9-09/
DQA Background info: http://www.safeaccessnow.org/DQA

[spag68]

1. Pot

In the sixties before Nixon started all the insanity, there were books written by federal scientists available about the effects of pot. One of the most interesting experiments, as I remember it, was to subject rabbits to the equivalent of 20 joints in the space of an hour. It seems the only effects were that the rabbits fell asleep. There were also detailed government studies about proper growing procedures. Much of these experiments were done in West Virginia, and according to local legend they have been trying to eradicate pot growing along the headwaters of the Potomac ever since.

[corruptmewithpower]

2. My wife suffers from asthma and periodic depression.

We're attempting to locate a physician in San Diego county who has prescribed marijuana and may do so for my wife. We don't know if marijuana is better than the alternatives, but what she has use of now is not very helpful.

[Joanie Baloney]

3. There are several places in SD County

The best resource I've found is the CA NORML's site. They keep it up to date and now that the feds are being kept at bay, the San Diego compassionate care folks are coming out into the daylight.

Good luck to your wife...tell her to get the edibles (or make some herself) so it won't exacerbate her asthma. I have some COPD symptoms and also suffer from depression. I have been on an even keel ever since I found a source for the medicine.

Here's the link to the site:

http://www.canorml.org/prop/cbclist.html#SD

-JB

(edited for medically-induced typo)

;)

[corruptmewithpower]

4. Many many thanks.

We will put it to good use. God bless you.

[corruptmewithpower]

8. My wife has an appointment on friday.

She's to bring her inhalers. Thanks again.:hi:

[Joanie Baloney]

10. Too cool!

I went by the dispensary today. I am still amazed that there weren't armed guards waiting to haul me away. ;)

Keep me posted on how it goes. She has me wishing her well as she proceeds.

-JB

[flyboyscot68]

5. I hope they finally see the light

I tried to open a medical dispensary in IL in March. They raided me. I hope they finally get it that we are not believing the same old lies.

[juno jones]

7. I lived in Spfld for most of the 90's.

It's a small place, we probably know some people in common :).

Thanks for fighting the good fight. I hope all works out for you.

And I hope my home state gets it's head outta its ass and legalizes it.

[watrwefitinfor]

6. Did the Feds argue for the Bush position in the hearing?

I'd be very curious to learn what they are doing in cases before the courts other than the torture and related cases.

Wat

[DCKit]

9. "There is no documented medical use for marijuana that we are aware of..."

Of course, like "Bin Laden Determined to Strike...", every report on global warming or warnings about food, drugs and imports from China, you have to open the document before you can become aware of what it says.

The entire * maladministration was the equivalent of a three year old with their fingers in their ears chanting "LA, LA, LA, LA, I CAN'T HEAR YOU, LA, LA. LA...."

[groovedaddy]

11. The right to regulate commerce...that's what all the political reps use to enable this

outrageous policy. I've written, called, etc., always pointing out the marijuana is medicine and should be scheduled as such. That's when they fall back to the "right to regulate commerce."