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Overcrowding at Mule Creek State Prison (Image courtesy CDCR)

Supreme Court Upholds Order for California To Cut Prison Population

The Supreme Court has upheld a court order requiring California to dramatically reduce its prison population because it could not or would not provide adequate health care for them. There are 28,000 drug offenders behind bars there...

The DEA has had more than enough time to issue a ruling on a marijuana rescheduling petition. (Image via Wikimedia.org)

Groups Sue Feds Over Marijuana Rescheduling Petition Delay

The federal government has been sitting on a marijuana rescheduling petition for almost nine years. Now, advocates are seeking to force the DEA to act on it.

Medical Marijuana Advocates Sue Federal Government Over Rescheduling Delay (Press Release)

For Immediate Release: May 23, 2011

Medical Marijuana Advocates Sue Federal Government Over Rescheduling Delay/Writ filed today in DC Circuit Court for unreasonable delay in answering 9-year-old petition

*Washington, DC* -- A Coalition of advocacy groups and patients filed suit in the DC Circuit Court today to compel the Obama administration to answer a 9-year-old petition to reclassify medical marijuana. The Coalition for Rescheduling Cannabis (CRC) has never received an answer to its 2002 petition, despite a formal recommendation in 2006 from the Department of Health and Human Services (HHS) to the Drug Enforcement Administration (DEA), the final arbiter in the rescheduling process. As recently as July 2010, the DEA issued a 54-page "Position on Marijuana," but failed to even mention the pending CRC petition. Plaintiffs in the case include the CRC, Americans for Safe Access (ASA), Patients Out of Time, as well as individually named patients, one of whom is listed on the CRC petition but died in 2005.

"The federal government's strategy has been delay, delay, delay," said Joe Elford, Chief Counsel of ASA and lead counsel on the writ. "It is far past time for the government to answer our rescheduling petition, but unfortunately we've been forced to go to court in order to get resolution." The writ of mandamus filed today accuses the government of unreasonable delay in violation of the Administrative Procedures Act. A previous cannabis (marijuana) rescheduling petition filed in 1972 went unanswered for 22 years before being denied.

The writ argues that cannabis is not a dangerous drug and that ample evidence of its therapeutic value exists based on scientific studies in the US and around the world. "Despite numerous peer-reviewed scientific studies establishing that marijuana is effective" in treating numerous medical conditions, the government "continues to deprive seriously ill persons of this needed, and often life-saving therapy by maintaining marijuana as a Schedule I substance." The writ calls out the government for unlawfully failing to answer the petition despite an Inter-Agency Advisory issued by the Food and Drug Administration in 2006 and "almost five years after receiving a 41-page memorandum from HHS stating its scientific evaluation and recommendations."

The two largest physician groups in the country -- the American Medical Association <http://AmericansForSafeAccess.org/downloads/AMA_Report.pdf> and the American College of Physicians <http://www.acponline.org/advocacy/where_we_stand/other_issues/medmarijuana.pdf> -- have both called on the federal government to review marijuana's status as a Schedule I substance with no accepted medical use and a high potential for abuse. The National Cancer Institute, a part of the National Institutes of Health, added cannabis to its website earlier this year as a Complementary Alternative Medicine (CAM) and recognized that, "/Cannabis/ has been used for medicinal purposes for thousands of years prior to its current status as an illegal substance."

Medical marijuana has now been decriminalized in 16 states and the District of Columbia, and has an 80% approval rating among Americans according to several polls. In a 1988 ruling on a prior rescheduling petition, the DEA's own Administrative Law Judge Francis Young recommended in favor of reclassification stating that, "Marijuana, in its natural form, is one of the safest therapeutically active substances known to man."

A formal rejection of the CRC petition would enable the group to challenge in court the government's assertion that marijuana has no medical value. "Adhering to outdated public policy that ignores science has created a war zone for doctors and their patients who are seeking use cannabis therapeutics," said Steph Sherer, Executive Director of ASA and a plaintiff in the writ. Jon Gettman, who filed the rescheduling petition on behalf of the CRC added that, "The Obama Administration's refusal to act on this petition is an irresponsible stalling tactic."

A synthetic form of THC, the main chemical ingredient in the cannabis plant, is currently classified Schedule III for its use in a prescribed pill trademarked as Marinol®. The pill goes off-patent this year and companies vying to sell generic versions are petitioning the government to also reclassify the more economical, naturally-derived THC (from the plant) to Schedule III. The rescheduling process involves federal agencies such as the National Institute on Drug Abuse, HHS, and DEA. On average, it takes 6 months from HHS review to final action, whereas it's been nearly 5 years since HHS issued its recommendation on the CRC petition, more than twice as long as any other rescheduling petition reviewed since 2002.

Further information:

Writ filed today: http://AmericansForSafeAccess.org/downloads/CRC_Writ.pdf

ASA backgrounder on rescheduling:

http://AmericansForSafeAccess.org/downloads/Rescheduling_Backgrounder.pdf

CRC rescheduling petition:

http://www.drugscience.org/PDF/Petition_Final_2002.pdf

2006 HHS recommendation:

http://AmericansForSafeAccess.org/downloads/HHS_Rescheduling_Recommendation.pdf

2010 DEA Position on Marijuana:

http://www.justice.gov/dea/marijuana_position_july10.pdf

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Marijuana and the War on Drugs: Where Will it All End? (Opinion)

Susan Walker reports on a study of the alcohol and drug prohibition eras conducted by Euan Wilson of The Socionomics Institute. Wilson's research includes the role of social mood during prohibition, and provides a fascinating look at when and why society sanctions drugs -- and when society decides enough is enough. Walker says the takeaway message is that the same social mood that drives the stock market also plays a significant role in popular attitudes regarding the prohibitions against drugs and alcohol.

Insite Activist Threatens Civil Disobedience

If the federal government seeks to permanently shutter Insite, Vancouverites can anticipate a loud and unrelenting outcry from advocates, health care professionals and drug users who support the Downtown Eastside supervised injection site. Closing Insite, "will be seen as a personal affront to the city of Vancouver," said Vancouver Area Network of Drug Users activist Dean Wilson, noting residents in this city, including Mayor Gregor Robertson and at least four former mayors, are generally in favor of harm reduction drug treatment that includes supervised injection.

Do Your Friends Support Medical Marijuana? (Action Alert)

Dear friends,

Chances are, your friends and family support medical marijuana. But they probably don't know that medical marijuana programs and patients around the country are under attack by the federal government right now.

We're counting on you to let them know about the attacks and tell them how to help stop them. Thanks to supporters like you, the Attorney General has already received 13,803 messages. Help us double that number by forwarding the message below.

Sincerely,

Ethan Nadelmann
Executive Director
Drug Policy Alliance

--------FORWARD THE MESSAGE BELOW--------

Hi,

Did you know that medical marijuana programs across the country are under threat? Even though the Obama administration promised to leave medical marijuana alone, in the past few months the federal government has been threatening state officials, warning them that they still have the power to arrest and prosecute people who are legally licensed to grow and sell medical marijuana.

This is just crazy, because the laws haven't changed! Really, just a few lawyers in the federal government have been sending these letters to states where medical marijuana programs are just getting off the ground, in an effort to stop them. This scare tactic already worked in Washington State, and we can't let it happen anywhere else.

To put an end to this intimidation, we don't need any laws changed – we just need the Attorney General to tell the people sending the threats to stop. Click here, and join me in asking Attorney General Holder to keep the Obama administration's promise to leave medical marijuana alone!

These Are Your Rights on Drugs (Opinion)

Scott Lemieux, Assistant Professor of Political Science at The College of Saint Rose, discusses the Supreme Court's continued long-standing assault on constitutional protections in service of the war on drugs (or, as it might be more accurately described, the war on some classes of people who use some types of drugs).

Fixing the Fiasco of the NYPD's Marijuana Arrests

Two New York State legislators have proposed a simple, effective legislative fix to New York City's 15-year marijuana arrest craze. Senator Mark Grisanti, a white Republican from Buffalo, and Assemblyman Hakeem Jeffries, a black Democrat from Brooklyn, have together offered legislation that would strike from the law the misdemeanor for simple marijuana possession of less than an ounce. The NYPD made 50,000 of these marijuana possession arrests in 2010 and 500,000 arrests since 1997.

Another Drug Case Dismissed in Connection with San Francisco Police Misconduct Probe

Another drug case was dismissed in connection with allegations of police misconduct by San Francisco officers. More than 85 cases have been dropped because of a string of videos released by Public Defender Jeff Adachi that he said show misconduct by plainclothes officers performing drug busts at residential hotels in the city. The latest dismissal might not be the last related to the police misconduct allegations. Adachi said last week that the district attorney's office has provided him with a list of 6,900 cases involving officers from the previous videos, which appear to show officers from the Police Department's Southern Station entering rooms without a warrant or consent, contradicting what was written in the officers' reports.

"The more I get into politics, the more I realize I'm a guitar player." (Image via Wikimedia.org)

Willie Waffles on Johnson Endorsement

Willie Nelson and the Teapot Party's endorsement of pro-legalization Republican presidential candidate Gary Johnson has been undone -- but Willie still thinks he's a "good guy."

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