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Medical Marijuana: Supporters File Federal Lawsuit Against HHS, FDA

The medical marijuana defense group Americans for Safe Access (ASA) filed a lawsuit in federal court Wednesday against two federal agencies over their contention that marijuana "has no currently accepted medical use in treatment in the United States." The lawsuit names the Food and Drug Administration (FDA) and the Department of Health and Human Services (HHS) as defendants. ASA accused the FDA and HHS of issuing "false and misleading" statements about the medicinal uses of marijuana.

"The FDA position on medical cannabis is incorrect, dishonest and a flagrant violation of laws requiring the government to base policy on sound science," said Joe Elford, ASA chief counsel.

"The science to support medical cannabis is overwhelming, yet the government continues to play politics with the lives of patients desperately in need of pain relief," said ASA executive director Steph Sherer. "Americans for Safe Access is filing this lawsuit on medical cannabis to demand that the FDA stop holding science hostage to politics."

The filing of the lawsuit comes at the end of a two-year petition process during which the FDA and HHS refused to respond to complaints that they were playing politics with the science of medicinal marijuana. The lawsuit charges that the two agencies are violating the Data Quality Act, which requires federal agencies to rely on sound science. The act, originally crafted by industrial lobbyists as a weapon their corporate clients can use in their ongoing battles with federal regulators, also allows citizens to challenge inaccurate information or that based on faulty data.

ASA first filed a petition seeking redress from HHS in October 2004, but the agency refused to act on the petition. ASA appealed in May 2005, to no avail. Now it is taking its challenge to the federal courts.

"Citizens have a right to expect the government to use the best available information for policy decisions. This innovative case turns the Data Quality Act into a tool for the public interest," said preeminent legal scholar and case co-counsel Alan Morrison, who founded Public Citizen's Litigation Group and currently serves as a senior lecturer at Stanford Law School.

A Special Letter from Ed Rosenthal

Dear Friend, As you probably know, I was tried in 2003 for providing marijuana starter plants to medical marijuana distribution centers. The exact charges were manufacture, providing a place to manufacture and conspiracy. The jury found me guilty on all three felony counts. Within four days of the trial eight of the jurors repudiated the verdict. After leaving the jury box they learned the whole truth. They had not been allowed to hear that I was appointed as a City Officer empowered to provide patients with medical marijuana. Jury members told the media that they felt that they had been used and worse. One of the jurors revealed that she had consulted a lawyer about the trial while she was a juror. After considering all the facts of the case the judge sentenced me to one day in prison, time served. I appealed the convictions on three grounds: improper actions by the juror, the fact that I was a city officer should have exempted me from prosecution under federal law and that even if I was not protected I had been led to believe I was by proper authorities and thus should be free from prosecution under the rules of estoppel, that is, when a person is advised by the government that his/her actions are legal, they shouldn’t be arrested even if the individual was ill-advised. The 9th circuit reversed the conviction on the basis of a juror’s fear of voting against the judge’s instructions and held that I could be re-tried. The trial was set for late October. However, just a few weeks ago the prosecutor filed a superseding indictment charging me with 14 counts including filing false tax returns, money laundering $1,854.77 as well as manufacturing and conspiracy. The sentencing structure for this case could put me away for the rest of my life. I don’t plan to lose this case. Just as it is for me, this is an extremely important case for the government. The Bush regime hopes that winning this case will give them a pass to attack all providers functioning under the California Medical Laws, as well as decimating progress made in the other states with medical marijuana laws. As you may know, the federal authorities closed all of the medical facilities in San Diego in September. In October they closed a few facilities in rural areas of California as well as San Francisco and in Los Angeles. Now in late January they are on another rampage in southern California. My success, not guilty verdicts, will send a message to the government that the public will not tolerate federal interference in state medical programs. It will be a major setback for the government’s efforts to contain the medical marijuana phenomenon I have recruited an extremely well qualified and dedicated legal team to work at a reduced rate. Even so we will need funds for court expenses as well as publicity. This is a critical moment and I am reaching out to my friends, to political activists and to all who have voiced concern about this issue as well as those concerned about my well being. Please help me fight these laws. Give me the tools so I can win this battle. The first trial cost over $350,000 and used up most of my savings. It left me in a critical, vulnerable position financially. I don’t have the money to finance this trial. Help me win this battle so to protect medical marijuana users and dispensaries throughout the state and country. To be honest, my experience in asking readers to help out the marijuana movement financially has been a failure in the past. Almost all of you will read this, sympathize with my position, and then turn the page, thinking that it’s not your concern. However, the outcome of my trial will have a direct impact on your lives. This is a cutting edge case that the U.S. government is attempting to use to intimidate activists in their battle against marijuana. You can help turn the tide by making a generous contribution to Green-Aid.com . Green-Aid is a tax deductible non-profit organization that with a goal of challenging the laws using tipping point court cases. This case will cost about $300,000. I am asking everybody who values their relationship with marijuana to contribute. Are you one of 300 people who value changing the laws as much as a quarter lb.? Or a thousand people who are willing to contribute the value of one ounce? If you can’t afford that, you could give the equivalent of a quarter ounce. Please help You can contribute online by credit card or by mail for checks. Donate at our website http://www.green-aid.com/ or send your check payable to “Green Aid” to: 484 Lake Park Ave. - Box 172, Oakland, CA 94610. Green Aid, The Medical Marijuana Defense and Education Fund is a non-profit 501(c)3 Charitable Corporation and all contributions to it are tax deductible. With your help these laws are doomed. Stay Free, Ed PS: Please find attached a full history of my case in 'The Bust and the Trial' and a note regarding a recent attack by the goverment on local authorities in 'CVAG Meeting'. The feds gameplan is to shut down all dispensaries & providers. Help me stop them.
Location: 
CA
United States

Medical pot cuts pain, study finds

Location: 
United States
Publication/Source: 
San Francisco Chronicle
URL: 
http://sfgate.com/cgi-bin/article.cgi?f=/c/a/2007/02/13/BAG4DO3NRK1.DTL

Healthy weed: Lawmakers aim to pass medical marijuana bill

Location: 
MN
United States
Publication/Source: 
The Winona Daily News (MN)
URL: 
http://www.winonadailynews.com/articles/2007/02/01/news/01lead.txt

Federal officials ask states to tighten medical marijuana law

Location: 
Honolulu, HI
United States
Publication/Source: 
Daily Herald (UT)
URL: 
http://www.heraldextra.com/content/view/208317/4/

Op-Ed: Let them have their pot

Location: 
Los Angeles, CA
United States
Publication/Source: 
Los Angeles Times
URL: 
http://www.latimes.com/news/opinion/la-oe-klausner26jan26,0,7295338.story?coll=la-opinion-rightrail

Case highlights medical-pot dilemma

Location: 
WA
United States
Publication/Source: 
The Seattle Times
URL: 
http://seattletimes.nwsource.com/html/health/2003538714_potraid24n.html

More drug violence expected after 15 extradited to U.S.

Location: 
McAllen, TX
United States
Publication/Source: 
The Monitor (TX)
URL: 
http://www.themonitor.com/SiteProcessor.cfm?Template=/GlobalTemplates/Details.cfm&StoryID=17520&Section=Local

Judges Look to New Congress for Changes in Mandatory Sentencing Laws

Location: 
Washington, DC
United States
Publication/Source: 
New York Times
URL: 
http://www.nytimes.com/2007/01/09/washington/09sentencing.html?_r=2&ref=washington&oref=slogin&oref=slogin

Colombia extradites policemen to U.S.

Location: 
Colombia
Publication/Source: 
The Washington Times
URL: 
http://washingtontimes.com/national/20070104-112331-7102r.htm

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