Skip to main content

Medical Marijuana

Press Release -- Patients to San Bernardino Board of Supervisors: Stop Wasting Tax Dollars on Failed Lawsuit

 

FOR IMMEDIATE RELEASE   
AUGUST 11, 2008

Patients to San Bernardino Board of Supervisors: Stop Wasting Tax Dollars on Failed Lawsuit
Medical Marijuana Advocates to Protest, Attend Aug. 12 Supes' Meeting

CONTACT: Aaron Smith, MPP California organizer, 707-575-9870

SAN BERNARDINO, Calif. — Medical marijuana patients and advocates will hold a demonstration before attending the county Board of Supervisors meeting Tuesday to urge the board to drop its doomed lawsuit seeking to overturn state medical marijuana laws.

    San Bernardino and San Diego county officials have contended that federal laws prevent them from obeying state requirements to issue medical marijuana identification cards to qualified patients who desire them. Although the case has already been dismissed twice, most recently last week in a unanimous decision by the 4th District Court of Appeals, San Diego's Board of Supervisors has already voted to appeal the case again, this time to the California Supreme Court.   

    "In a time of staggering budget deficits and inevitable cuts to county services, San Bernardino’s officials must cease this meritless and wasteful litigation and obey the laws protecting medical marijuana patients," said Aaron Smith, California organizer for the Marijuana Policy Project, who will attend the demonstration and Board of Supervisors meeting. "If compassion for seriously ill San Bernardino patients isn't enough to make the board stop this nonsense, then respect for county taxpayers and the rule of law ought to be."

    WHAT: Demonstration calling on San Bernardino officials to drop its lawsuit against state medical marijuana laws, followed by Board of Supervisors meeting

    WHEN: Aug. 12 – Demonstration begins at 11 a.m. Demonstrators will walk to the Board of Supervisors meeting at 12:30 p.m.

    WHERE: Demonstration begins at the San Bernardino County Health Administration Building at 351 N. Mountain View Ave., and will end at the Board of Supervisors meeting at 385 N. Arrowhead.

    With more than 25,000 members and 100,000 e-mail subscribers nationwide, the Marijuana Policy Project is the largest marijuana policy reform organization in the United States. MPP believes that the best way to minimize the harm associated with marijuana is to regulate marijuana in a manner similar to alcohol. For more information, please visit www.MarijuanaPolicy.org.

####

Americans for Safe Access: August Activist Newsletter

Calif. Appellate Court Upholds Medical Marijuana Law

ASA Defeats County Challenge; San Diego Wants Supreme Court Review

An appeals court has ruled that California's medical marijuana laws must be implemented. A handful of counties had challenged the ID card program the state legislature established, saying that federal prohibition trumped state law. That challenge was rejected by a judge in 2006 and again by an appeals court this month. In both instances, the courts sided with attorneys from Americans for Safe Access, the ACLU and the California Attorney General's office, who all argued that federal and state laws can exist side by side.

ASA Chief Counsel Joe Elford ASA Chief Counsel Joe Elford

In a unanimous opinion, the Fourth District Court of Appeal ruled that federal law does not preempt the state's medical marijuana program. Nonetheless, San Diego County supervisors have voted to appeal the decision to the state Supreme Court.

"This is a huge win for medical marijuana patients, not only in California, but across the country," said Joe Elford, Chief Counsel of Americans for Safe Access, who argued before the appellate court on behalf of patients. "This ruling makes clear the ability of states to pass medical marijuana laws with an expectation that those laws will be upheld by local and state, if not federal, officials."

San Diego County officials filed suit against the state in 2006, hoping to avoid implementing the medical marijuana ID card program mandated by state law. They were originally joined by Merced and San Bernardino counties in arguing that California's medical marijuana laws were not valid because federal laws prohibiting all marijuana use supercede any state law. Merced abandoned the challenge and began implementation after losing in superior court later that year.

In rejecting that argument, Justice Alex McDonald wrote for the court that the federal Controlled Substances Act (CSA) "signifies Congress's intent to maintain the power of states to elect 'to serve as a laboratory in the trial of novel social and economic experiments without risk to the rest of the country' by preserving all state laws that do not positively conflict with the CSA."

ASA argued on behalf of the interests of patients in the original case and the appeal, filing briefs along with the ACLU Drug Law Reform Project. Officials from the City of San Diego broke with their county counterparts and filed an amicus 'friend of the court' brief in the appeal, siding with the Attorney General and medical marijuana patient advocates.

"More than eleven years after the passage of Proposition 215, it's about time that we all got on the same page with regard to medical marijuana and the protections afforded by California law," said Elford. "With two appellate court decisions clearly stating that federal law should not be an excuse to avoid enforcing state law, it is now time for full implementation in California."

In March, the California Supreme Court denied review of City of Garden Grove v. Superior Court, another appellate court case that found the state's medical marijuana law was not preempted by federal law.

ASA will be launching a campaign soon to educate elected officials across the state about their obligation to implement state law, in particular the state ID card program, and the benefits of doing so for both law enforcement and medical marijuana patients.

 

 

 

Federal Legal Confusion Yields Conviction

Dispensary Owner Obeyed State and Local Laws but Faces Five Years in Prison

The closely watched federal trial of a California medical marijuana dispensary owner has resulted in guilty verdicts on all counts. Charlie Lynch, 46, faces a minimum of five years in prison, even though he operated his dispensary legally under state law, complied with regulations set by Morro Bay city officials, and contacted federal authorities about his plans.

Charlie Lynch cutting the ribbon on opening day Charlie Lynch cutting the ribbon on opening day

Lynch, a successful software developer with no prior criminal record, sought and received a business license from the city and was welcomed to the local Chamber of Commerce. Central Coast Compassionate Caregivers was open for 11 months before federal agents raided it on March 29, 2007.

"It is a huge waste of taxpayer resources for the federal government to spend millions of dollars attacking someone who was abiding by local and state law in every respect," said ASA Chief Counsel Joe Elford. "It is shameful and a tragedy for Mr. Lynch and his patients."

Federal medical marijuana trials typically forbid any mention of state or local laws, or even the medical conditions of the patients. But attorneys' for Lynch persuaded the judge to allow limited testimony from the Morro Bay mayor and city attorney, as well as Lynch's own account of attempts he made to operate within the law.

Lynch testified that he called federal authorities on four occasions to find out if he could legally open a dispensary. He claims a DEA agent told him it was up to state and local laws, and he has the phone records to prove that he at least made the call. Lynch's federal public defenders argued that this amounted to a legal assurance, and that the jury should find that any violations of federal law were the result of entrapment.

But the jury foreman told an ASA volunteer that jury was not persuaded by Lynch's contact with the DEA because he could not provide names of the people he spoke with. Lynch's discussed those conversations with an attorney before opening the dispensary, but the attorney was not allowed to testify.

During the week-long trial, Lynch testified that he did everything he could to make sure his activities were within the law. His federal public defenders introduced evidence showing that he maintained scrupulous records and enforced an uncompromising ethical code of conduct for his employees. Federal prosecutors allege that he was concerned only with profits and that some of the patients to whom he sold marijuana were under 21, an offense that carries federal sentencing enhancements.

Lynch attempted to call one of those patients to the stand as a character witness. Owen Beck, a 17-year old bone cancer survivor, appeared in court with his parents, who had always accompanied him on his visits to the dispensary, per city regulations. But after hearing that the marijuana Beck bought was being used on the advice of his Stanford oncologist, Judge George Wu ruled his testimony inadmissible. Beck's father told reporters that Lynch had never asked for or received payment for the cannabis he provided Owen.

Though Lynch was in full compliance with state and local law, the federal investigation against Lynch was supported by San Luis Obispo Sheriff Pat Hedges. Hedges is being sued by a former patient of Lynch's for seizing her medical records in the raid.

Soon after the raid, Lynch reopened his dispensary. The next month, Lynch's landlord was threatened by the DEA with forfeiture of his property unless he evicted Lynch, leading to the dispensary's closure in May 2007.

Lynch was found guilty of conspiracy to possess and possession with intent to distribute marijuana and concentrated cannabis, manufacturing marijuana, knowingly maintaining a drug premises, and sales of marijuana to a person under the age of 21.

Lynch is currently scheduled to be sentenced on October 20. For more on the Lynch case and what you can do about it, see ASA's blog at www.AmericansForSafeAccess.org/Lynchblog.

Americans for Safe Access: July 2008 Activist Newsletter

Student Members of AMA Endorse Access to Medical Marijuana

Resolution Goes to Full American Medical Association for November Vote

The prestigious American Medical Association (AMA) will consider endorsing therapeutic use of cannabis at its next interim meeting in November.

In June, the Medical Student Section (MSS) of the AMA, led by an ASA medical advisor, approved a resolution urging the physicians group to support the reclassification of marijuana for medical use. The MSS will send the resolution to the AMA House of Delegates for a final vote in November.

"While it is an historic occasion for any section of the AMA to endorse medical marijuana, the MSS is merely affirming existing science and urging the adoption of a sensible medical marijuana policy," said AMA-MSS member Sunil Aggarwal, who serves on ASA's Medical and Scientific Advisory Board and is pushing the effort to gain AMA endorsement. "As a future medical doctor, I look forward to exploring and utilizing the many medical benefits of cannabinoid medicines in patient care."

With nearly 50,000 members, the MSS is the largest and most influential organization of medical students in the United States.

"This is a positive and necessary step in the right direction," said Dr. David Ostrow, a member of the AMA and Chair of ASA's Medical and Scientific Advisory Board. "We are hopeful that the full house of delegates will follow the example set by the American College of Physicians and place the needs and safety of our patients above politics."

In February, the American College of Physicians (ACP) adopted a resolution that called for rescheduling marijuana to make it available by prescription and expanding research into its medical efficacy. With 124,000 members, the ACP is the country's second largest physician group and the largest organization of doctors of internal medicine.

Since 1996, twelve U.S. states have adopted medical marijuana laws. Public opinion polls consistently show that as many as 4 out of 5 Americans support access to medical marijuana.

The AMA-MSS resolution is online here.

ASA Fights Counties' Challenge to Calif. Medical Cannabis Law

Joins ACLU and State AG in Arguing Appeal of ID Card Ruling

Two California counties faced off against ASA, the ACLU and the state attorney general in appeals court last month, arguing whether the state's medical cannabis law should be enforced. San Diego and San Bernardino counties do not want to implement California's patient ID program and are appealing a superior court ruling that said they must.

ASA Chief Counsel Joe Elford ASA Chief Counsel Joe Elford

In an unusual move by the justices, an overflow room was set up with television coverage from the courtroom to accommodate the extraordinary turnout in court to hear oral arguments from ASA Chief Counsel Joe Elford, Adam Wolfe of the American Civil Liberties Union and Deputy Attorney General Peter Krause.

The counties are contending that federal law preempts California's medical marijuana laws. San Bernardino also argues that when the legislature added the card program they unconstitutionally amend the 1996 initiative enacted by voters.

Attorneys for patients told the justices that they should affirm the lower court ruling that California's decision not to arrest or prosecute medical marijuana patients is valid, even if the federal government prohibits all marijuana use.

"States have traditionally been entrusted with caring for the health and welfare of their citizens," said ASA's Elford. "Proper implementation of California's medical marijuana laws benefits patients, law enforcement, and the entire state."

The case is the result of the November 2005 vote by San Diego County Board of Supervisors to challenge the legislature's patient ID card program, a move that was joined by two others, San Bernardino and Merced. Merced agreed to implement the program after it lost the case in November 2006.

"San Diego and San Bernardino Counties remain intent on defying the will of California's voters and the well-being of thousands of sick and dying patients at tremendous taxpayer expense," said Adam Wolf, the ACLU attorney. "The counties' legally dubious lawsuit is a slap in the face to medical marijuana patients and the voters of California."
A ruling in the case from the California 4th District Court of Appeal is expected later this summer.

Additional information on the case is available online here.

ASA Chapter Focus: Western North Carolina

Among the affiliates of Americans for Safe Access enjoying recent success in defending patient rights is the Western North Carolina chapter, ASAWNC. Chapter members testified last month before the state legislature in support of making medical use legal in North Carolina, and the director's caregiver prevailed in an important court case.

On June 25, ASAWNC members traveled across the state to the capitol in Raleigh for the North Carolina House Science & Technology committee hearing regarding NC H.R. 2405, which is a bill to study the public benefits of allowing medical marijuana in the state. Joining ASAWNC director Jean Marlowe in testifying before the committee in support of the bill was former Surgeon-General Dr. Jocelyn Elders, as well as Dr. Laura Hanson of Chapel Hill and patient Dixie Deerman, who is a Registered Nurse in Asheville.

That testimony came just two days after Steve Marlowe, Jean's caregiver, won an important ruling in state court, where he was facing state marijuana charges. The judge threw out all evidence obtained with the search warrant, ruling that the informant used by the Polk County Sheriff's Department was "not a credible witness" and that they had acted with "willful intent, or with reckless disregard for the law" in using this informant as a basis for their search warrant. As a result, all charges were dismissed later that day.

By the end of the week, the District Attorney had ordered the sheriff to return all property taken from the Marlowes, except for the marijuana. This was the third time law enforcement has been ordered to return equipment to the Marlowe home. ASAWNC made sure news media was on hand to cover the return of property.

For more about ASAWNC, see their videos on YouTube at
www.youtube.com/asawnc and www.youtube.com/marloweism.

RESEARCH UPDATES

Cannabinoids Fight Non-Hodgkin Lymphoma Tumor Growth

Swedish researchers report success using the endocannabinoid system to fight non-Hodgkin lymphoma.

The findings, published in the International Journal of Cancer, show that a cannabinoid agonist halts the spread and growth of cancerous tumors in animals with non-Hodgkin lymphoma. Investigators report that mice treated with the cannabinoid agonist experienced a 40 percent reduction in tumor weight.

The researchers conclude that ability of cannabinoids to both restrict the proliferation of cancer cells and reprogram the cells to die off makes "the endocannabinoid system a potential new therapeutic target for individualized therapy in lymphomas."

These findings are consistent with earlier studies that have shown cannabinoids can halt the spread of many types of cancers, including brain, breast, lung, prostate and pancreatic cancers.

New Anti-inflammatory Compound Found in Cannabis

A new anti-inflammatory compound that is not psychoactive has been found in large concentrations in the cannabis plant. The compound, which can ease swelling, pain and inflammation, may lead to the development of new treatments for such diseases as rheumatoid arthritis, multiple sclerosis and Crohn's disease.

The chemical, called beta-caryophyllene, helps combat inflammation without affecting the brain. Researchers demonstrated in an animal study that beta-caryophyllene attaches to CB-2 cannabinoid receptors, producing the anti-inflammatory effect, but not to the CB-1 receptors, which are associated with the psychoactive effects of THC and other cannabinoids.

Analysis of cannabis has found it to contain as much as 35% beta-caryophyllene. Other common plants that contain the oil include black pepper, oregano, basil, lime, cinnamon, carrots, and celery.

Clinical Neuropathy Trial Shows Cannabis Effective

Even low doses of smoked cannabis can be effective in managing hard-to-treat neuropathic pain, according to California researchers. Investigators found that low- and high-dose cannabis produced similar levels of pain relief, reducing both the intensity and unpleasantness of the often unbearable nerve pain.

The researchers note that cannabis not only fights pain itself but also interacts with opiod painkillers to increase their effectiveness, particularly in neuropathic pain. They also note that using isolated synthetic cannabinoids such as THC (dronabinol) does not provide the same degree of efficacy as a whole-plant preparation of cannabis.

In conclusion, investigators observe that "cannabis does not rely on a relaxing or tranquillizing effect but rather reduces both the core component of nociception [the nerve transmission of pain] and the emotional aspect of the pain experience to an equal degree."

Case Studies Show THC Can Relieve Depression

While many patients report cannabis use has a positive impact on mental health issues ranging from anxiety to depression, such use is controversial and rarely studied. A recent pair of case studies from Austria, published last month in the journal of the International Association for Cannabis as Medicine, describe oral administration of synthetic THC (dronabinol) helping two women with chronic depression. The author reports that 8 out of 10 depressive patients he has treated with synthetic THC exhibited "swift improvement." He concludes that clinical studies of the "effectiveness of cannabinoids for the treatment of depression … are desirable and promising."

NATIONAL ACTION ALERT
Defend Patients and Caregivers, Tell Congress to Stop Funding Medical Marijuana Raids Today!

It's time to stop wasting taxpayer dollars on raiding state-licensed patients and providers. Congress can do it. The Hinchey-Rohrabacher amendment to the Commerce-Justice-State appropriations bill instructs the Department of Justice to use its money wisely and specifically prohibits the Department from using appropriated funds to conduct raids or otherwise prevent the various states from implementing laws that authorize the therapeutic use of cannabis.

Tell your U.S. Representative that, if adopted, this amendment will do two things:

(1) Conserve taxpayers' money by eliminating funding for DEA raids aimed at state-certified medical cannabis patients and caregivers.

(2) Protect legal medical cannabis patients from having their homes and workspaces raided by the DEA.
For phone numbers of your representatives go to: www.house.gov or call the congressional switchboard at: (202) 224-3121.

Or contact George@AmericansforSafeAccess for additional info.

Fresno Supervisors to Hold Hearing on Medical Marijuana ID Card Program July 8

FOR IMMEDIATE RELEASE   
JULY 3, 2008

Fresno Supervisors to Hold Hearing on Medical Marijuana ID Card Program July 8
Patients, Advocates to Highlight Program's Importance at July 7 Medical Marijuana Documentary Screening

CONTACT: Aaron Smith, MPP California organizer, 707-575-9870

FRESNO, Calif. — The Fresno County Board of Supervisors will conduct a public hearing on the local implementation of the statewide Medical Marijuana Identification Card Program, 9 a.m., July 8, in the County Board Chambers in the Hall of Records at 2281 Tulare St.

    Although 40 California counties have implemented the program – including Merced, Tulare, Inyo and San Benito as well as Los Angeles, Orange and Kern – Fresno has yet to act.

    Patients and advocates from across the county, including Diana Kirby, 66, will attend the hearing. Kirby uses physician-approved medical marijuana, under state law, to treat severe pain from an auto accident that resulted in having her leg amputated.

    "Patients like me shouldn't have to worry about being falsely arrested because our county isn't offering the ID cards," Kirby said. "Let's hope our elected officials do the right thing for patients and taxpayers by implementing this program."

    Aaron Smith, California organizer for the Marijuana Policy Project, noted that the program – mandated by a state law that went into effect in 2004 – benefits law enforcement by removing the burden of verifying patient documentation from officers on the street. The ID card provides a means for local peace officers to easily identify bona fide medical marijuana patients during enforcement stops.

    "We are merely calling on the Board of Supervisors to follow existing state law so that suffering patients like Diana do not have to live in fear of false arrest at the expense of local taxpayers," Smith said. "It is the duty of the county's leaders to protect their most vulnerable citizens and to make the jobs of local law enforcement easier by providing them with all the tools available. This program is a major step in the right direction."

    To help educate the community about this and other medical marijuana issues facing Fresno, MPP will host a free screening of the award-winning medical marijuana documentary "Waiting to Inhale," followed by a panel discussion, July 7, at 7 p.m. at the Unitarian Universalist Church at 2672 E. Alluvial Ave., in Clovis.

    With more than 25,000 members and 100,000 e-mail subscribers nationwide, the Marijuana Policy Project is the largest marijuana policy reform organization in the United States. MPP believes that the best way to minimize the harm associated with marijuana is to regulate marijuana in a manner similar to alcohol. For more information, please visit www.MarijuanaPolicy.org.

####

Press Release: Advocates Hail One-Year Anniversary of New Mexico's Medical Marijuana Law; Program Has Made Progress but Still Has Further to Go

[Courtesy of Drug Policy Alliance] FOR IMMEDIATE RELEASE: July 1, 2008 CONTACT: Reena Szczepanski at (505) 699-0798 or Julie Roberts at (505) 983-3277 Advocates Hail Today’s One-Year Anniversary of the Lynn and Erin Compassionate Use Act Patients’ Right to Medical Marijuana Protected for One Year in New Mexico Drug Policy Alliance: Program Has Made Progress but Still Has Further to Go NEW MEXICO—Today marks the one-year anniversary of the start date of New Mexico’s landmark medical cannabis law, the Lynn and Erin Compassionate Use Act. The New Mexico Department of Health (NMDOH) has certified 160 patients with identification cards, affording them the right to protection under state law from prosecution for possessing small amounts of medical cannabis. “The New Mexico Department of Health has done a wonderful job of issuing ID cards to patients who meet the program criteria,” said Reena Szczepanski, director of Drug Policy Alliance New Mexico, “They’ve been very careful to ensure that all of the applications are verified and correct, and they’ve been a real resource for patients and physicians with questions.” The program has further to go, however. According to the state law, the Department of Health should have issued rules and regulations by October 1, 2007 to govern some aspects of the program, including the medical advisory board, the identification card system, and the production and distribution of medical cannabis. On April 15 the regulations governing the medical advisory board were published. The medical advisory board has not yet met, though the law requires the board to meet at least twice per year to consider petitions for new medical conditions. The remaining two sets of regulations have not been finalized. NMDOH convened two public hearings concerning the regulations on October 1, 2007 and January 14, 2008. Patients and advocates anxiously await these final two sets of regulations, partly to improve patient access to medical cannabis. Because these regulations are not finalized, no caregivers have been certified to assist patients in maintaining a supply of medicine, and the state licensed production and distribution system has not been implemented to ensure a safe and secure supply for patients. New Mexico’s law is the first in the nation to require the state to create a production and distribution system. “We recognize that the production and distribution system is very complex and should be carefully designed. That system will allow New Mexico to do what no other state has done - ensure a safe and secure supply of medical cannabis for patients,” said Szczepanski, “But it’s time to publish the identification card regulations and start certifying caregivers, who can help their patients until the distribution system is up and running. It’s been nearly six months since the last public hearing on these regulations.” Qualified patients whose doctors believe they would benefit from the medicinal use of cannabis will finally be protected as the New Mexico Department of Health issues the first patient identification cards next week. Applications for identification cards for both patients and their primary caregivers are available at the Department of Health’s website, http://www.health.state.nm.us/marijuana.html . Following a seven-year fight to pass legislation, New Mexico’s landmark medical cannabis law passed in the 2007 legislative session. During the legislative debate on the issue, advocates had predicted that the program would grow over five years to 250-500 patients. New Mexico was the twelfth state to endorse the use of medical cannabis and only the fourth state legislature to enact such a measure. The law protects qualified patients suffering from certain debilitating medical conditions, HIV/AIDS, cancer, multiple sclerosis, glaucoma, epilepsy, spinal cord injury with intractable spasticity, or admittance into hospice care, to use medical cannabis for relief of their symptoms. For questions regarding qualification for the program or the application process, please contact Melissa Milam with the Department of Health at (505) 827-2321. ###

Press Release: Medical Marijuana Documentary "Waiting to Inhale" Screening in Clovis July 7

 

MEDIA ADVISORY   
JUNE 25, 2008

Medical Marijuana Documentary "Waiting to Inhale" Screening in Clovis July 7

CONTACT: Aaron Smith, MPP California organizer, 707-575-9870

FRESNO, Calif. — A free screening of the award-winning medical marijuana documentary, "Waiting to Inhale," takes place July 7, at the Unitarian Universalist Church of Fresno in Clovis, followed by a panel discussion with local medical marijuana patients, advocates and medical experts.

    The film is a gripping examination of all angles of the medical marijuana controversy, including interviews with leading researchers, patients, advocates and government officials. This summer, the U.S. Congress is expected to vote for the sixth time on an amendment that would forbid the Department of Justice – including the Drug Enforcement Administration – from using its resources to attack patients and providers who are obeying state medical marijuana laws. Last year, the Hinchey-Rohrabacher amendment was defeated, 165-262, but drew more "yes" votes than ever.

    Additionally, the Fresno Board of Supervisors is expected to hold hearings soon about implementing a state-mandated medical marijuana identification card program.

    Winner of several awards, including the Worldfest Houston 2005 Goldfest Special Jury Award, Best Documentary 2005 New Jersey International Film Festival and winner of the Eureka! International Film Festival, "Waiting to Inhale" examines the debate over marijuana's use as medicine in the United States.

        -    WHAT: Free screening of the medical marijuana documentary "Waiting to Inhale," presented by the Unitarian Universalist Church of Fresno, followed by panel discussion

        -    WHO: Scheduled panelists include:
                        o    Dr. Terrill E. Brown, a Fresno emergency medicine specialist

                        o    Diana Kirby, a Fresno medical marijuana patient with severe back pain and neuropathy after an automobile accident that resulted in having a leg amputated

                        o    Aaron Smith, California organizer for the Marijuana Policy Project

        -    WHEN: Monday, July 7, 7 p.m.

        -    WHERE: The Unitarian Church of Fresno, 2672 E. Alluvial Ave., Clovis, CA 93611

    With more than 23,000 members and 100,000 e-mail subscribers nationwide, the Marijuana Policy Project is the largest marijuana policy reform organization in the United States. MPP believes that the best way to minimize the harm associated with marijuana is to regulate marijuana in a manner similar to alcohol. For more information, please visit www.MarijuanaPolicy.org.

####

ALERT: #368 California Patient Caught In The War On Medical Marijuana

[Courtesy of DrugSense] FOCUS Alert #368 - Tuesday, 24 Jun 2008 Orange County is considered to be among the most conservative in California. The Orange County Register is the county's major newspaper. Over the years the newspaper has supported in editorials and columns California's Proposition 215. Last Saturday the newspaper printed the article below. In addition to the article, the newspaper's website is currently conducting an opinion poll titled "Should marijuana be legal?" and providing a discussion forum about the article. If you wish to vote in the poll and/or place a comment in the forum please go to: http://www.ocregister.com/articles/monson-says-marijuana-2072170-police-adams Please also consider sending a Letter to the Editor to The Orange County Register expressing your reaction to the article. Thanks for your effort and support. It's not what others do it's what YOU do. ********************************************************************* Pubdate: Sat, 21 Jun 2008 Source: Orange County Register, The (CA) Copyright: 2008 The Orange County Register Contact: [email protected] Author: Eugene W. Fields, The Orange County Register DISABLED MAN FIGHTS FOR HIS MARIJUANA Charles Monson, a Quadriplegic, Had His Home Raided and His Medicinal Marijuana Seized at Gunpoint. A swimming accident three decades ago at Newport Beach left Charles Monson paralyzed. A drug raid at his home about a year ago left Monson without the marijuana he says he needs. The raid has left him depending on a medical marijuana dispensary in Orange that was also raided. Fighting to stay in business, the small store-front dispensary has helped Monson deal with his pain. Monson, 45, was paralyzed in 1979 when he and a friend decided to go for a swim. "I dove under a wave, hit a shallow spot and broke my neck," Monson recalls. "I was paralyzed instantly and was floating face-down." Monson, who is confined to a wheelchair and has lost most of the use of his hands, tried to remain active. He's an avid skydiver, despite breaking his legs twice Nevertheless, he says he lives in constant pain and discomfort. "My brain isn't able to constantly able to monitor the muscles in my legs," he says. "Any little stimulus like being touched or moving my wheelchair or sitting still for a while and then moving will trigger a muscle spasm, big ones, that will yank my body to the side." As a result, Monson was chronically sleep-deprived to the point of falling asleep behind the wheel of his specially equipped van. Doctors prescribed muscle relaxants and various other seizure medications, but Monson says he didn't like the side effects. Finds Relief "I had tried Valium, Baclofen, Gabapentin. That gave me a sense of not being sharp in my mind and just feeling kind of woozy," Monson says. "I tried Marinol, which is synthetic marijuana. It's very hard to dose. It's either not very effective, or when it gets to the point of being effective, you're loopy." Monson says a friend recommended marijuana in the 1980s and after trying it, he said he found relief: "I smoked it in bed and I slept better than I ever had. The other thing that makes cannabis so much more effective than any other of the spasticity drugs is that it allows me rather than just treating my spasticity to manage it." When California voters passed Proposition 215 in 1996, which allowed marijuana usage for medicinal purposes, Monson says he started to grow marijuana. Monson says his life changed dramatically on the morning of October 30, 2007. "I wake up to a horrendously loud pounding on the front door at 7 a.m. in the morning," Monson says. "My friend said it was the police and I told him to let them in." Monson says a dozen Orange police officers armed with assault rifles and bullet-proof vests swarmed into his modest home and handcuffed both his house guest and care provider before coming into Monson's bedroom, demanding he get out of bed. "I told them I couldn't so they uncuffed my care provider," Monson says. "He got me dressed and into the chair and then they (police) went about ransacking my house." Monson says he used a spare bedroom to cultivate his marijuana plants, where a sign posted on the door read that the plants were for medicinal purposes. The police entered the room and, according to Monson, confiscated 16 plants and roughly 2-1/2 ounces of marijuana. "I told them I was growing it legally and they said it's against federal law," Monson says. "They came down on me like I was some drug kingpin." Sgt. Dan Adams of the Orange Police Department says 19 plants were seized and Monson was arrested for felony cultivation of marijuana, theft of utilities, sales of marijuana and conspiracy. "When you get 19 plants and you get a full-blown irrigation system and a light system, it was obviously a substantial operation he had running there," Adams said. "It's a good amount, but anything is a good amount because it's illegal as far as law enforcement is concerned." The District Attorney's office declined to prosecute the case. "The first month after the raid, I couldn't sleep well," Monson said. "Finally, it occurred to me that I was having a post-traumatic effect because I didn't know when they were going to bang down my door again." Searching for Marijuana Fearful of growing marijuana, Monson turned to other sources. "I had to go to people a buy it. None of them have ever been touched by the police," he says. "I don't know why they came after me. Somebody thought I was a king-pin." In December, Monson hired an attorney and decided to file a civil suit against the city. Four months later he read about Nature's Wellness, a dispensary on Lincoln Avenue in Orange that had been raided. Monson said he visited with Bob Adams, the dispensary owner, to share information about his case. Monson said he worked out a deal to receive half of the two ounces of marijuana he needs a month to manage his condition. Adams, who was detained by the Drug Enforcement Agency after his shop was raided in March, says he was just providing a service to another patient with a doctor's recommendation. "This man needs medicine and I've got it," Adams says. "That's what I'm here for." Adams says hearing about Monson's arrest upset him. "We've got a quadriplegic here. It's amazing that he wakes up every morning," Adams says. "Don't we have better things to do as far as our local authorities are concerned than chase around a quadriplegic that's in pain?" Monson says he was grateful for the aid from the dispensary and is waiting for his court case to move ahead. "I probably won't (grow) until that whole thing is settled with the police," he says. "I don't want a decent garden going again, just to have it taken away." ********************************************************************* Additional suggestions for writing LTEs are at our Media Activism Center: http://www.mapinc.org/resource/#guides, or contact MAP's Media Activism Facilitator for tips on how to write LTEs that are printed at [email protected]. ********************************************************************* PLEASE SEND US A COPY OF YOUR LETTER Please post a copy of your letter or report your action to the sent letter list ([email protected]) if you are subscribed, or by E-mailing a copy directly to [email protected] if you are not subscribed. Your letter will then be forwarded to the list so others can learn from your efforts. Subscribing to the Sent LTE list ([email protected]) will help you to review other sent LTEs and perhaps come up with new ideas or approaches as well as keeping others aware of your important writing efforts.

Press Release: Medical Student Section of AMA Unanimously Endorses Medical Marijuana

[Courtesy of Americans for Safe Access] For Immediate Release: June 14, 2008 Contact: ASA Media Liaison Kris Hermes at (510) 681-6361 or AMA-MSS member Sunil Aggarwal at (206) 375-3785 Medical Student Section of AMA Unanimously Endorses Medical Marijuana Resolution proceeds to AMA House of Delegates for a vote in November Chicago, IL -- The Medical Student Section (MSS) of the American Medical Association (AMA) unanimously approved a resolution yesterday urging the AMA to support the reclassification of marijuana for medical use. The AMA is currently holding its annual conference in Chicago and is making a number of policy decisions over the next few days. The MSS will send the resolution to the AMA House of Delegates for a final vote at its interim meeting in November. With nearly 50,000 members, the MSS is the largest and most influential organization of medical students in the United States. "While it is an historic occasion for any section of the AMA to endorse medical marijuana, the MSS is merely affirming existing science and urging the adoption of a sensible medical marijuana policy," said medical student and AMA-MSS member Sunil Aggarwal, who is leading the effort to seek AMA endorsement. "As a future medical doctor, I look forward to exploring and utilizing the many medical benefits of cannabinoid medicines in patient care." Aggarwal is also supported by many of his colleagues in the AMA already in the field of medicine. "This is a positive and necessary step in the right direction," said Dr. David Ostrow, a member of the AMA and Chair of the Medical & Scientific Advisory Board of Americans for Safe Access (ASA), the country's largest medical marijuana advocacy organization. "We are hopeful that the full house of delegates will follow the example set by the American College of Physicians earlier this year and vote to support this resolution, thereby placing the needs and safety of our patients above politics." The American College of Physicians (ACP) adopted a resolution in February, on which the AMA-MSS resolution is based. Like the AMA-MSS resolution, the ACP called for rescheduling of marijuana and an expansion of research into its medical efficacy. The ACP, at 124,000 members, is ranked as the country's second largest physician group and the largest organization of doctors of internal medicine. Since 1996, twelve U.S. states have adopted medical marijuana laws, and in 2002 a Times/CNN poll showed that 80% of Americans support access to physician-recommended medical marijuana.

Press Release: New York Assembly Passes Medical Marijuana Bill

FOR IMMEDIATE RELEASE
JUNE 18, 2008

New York Assembly Passes Medical Marijuana Bill
Bill Sponsor, Patients Urge Senate to Pass Bill Before June 23 Recess

CONTACT: Dan Bernath, MPP assistant director of communications, 202-462-5747 ex. 115

ALBANY, NEW YORK — The New York Assembly passed a bill today that would protect New Yorkers with life threatening or debilitating conditions from arrest for using medical marijuana when their doctors believe it would be the best treatment option, 79-48.

The bill is similar to the medical marijuana bill the Assembly passed last year. The version passed today was modified to address concerns voiced by members of the Senate, who have until June 23 to pass the bill before the legislature recesses.

"Every day that goes by without this sensible, compassionate law is a day in which our most vulnerable citizens must choose between suffering debilitating pain or risking arrest in order to find relief," said bill sponsor and Assembly Health Committee Chair Richard N. Gottfried. "These patients don't have the luxury of waiting another year for their elected representatives to act – they need the Senate to stand up for them now."

Dr. Kevin Smith, a Saugerties psychiatrist who has been recognized by the state legislature for his work with police forensics, said the bill would change the lives of people like him who have no better pain relief options.

"Unless you or a loved one has experienced it, it's difficult to understand the frustration and helplessness that comes from knowing that relief is readily available but forbidden by law," said Smith, who suffers from a painful genetic defect that causes his immune system to attack his spine and hips as though they were foreign bodies; the debilitating pain forced him to quit practicing medicine. "Medical marijuana can give me my life back, but right now I am barred by law from using it. This is crazy."

Glenn Amandola, a medically retired New York City police officer from Northport who suffers from chronic pain and a seizure disorder after being injured on the job in 1987, said it makes no sense for the law to prevent him from using medical marijuana when his doctor says it could help.

"As an officer with the New York City Police Department, I swore to uphold state law, and I'll never break that oath," he said. "The flip side to that, however, is that our lawmakers owe it to people like me who live in constant pain to make sure the law doesn't penalize us for seeking relief. I should have the right to decide for myself – with my doctor – what my best treatment options are."

With more than 23,000 members and 180,000 e-mail subscribers nationwide, the Marijuana Policy Project is the largest marijuana policy reform organization in the United States. MPP believes that the best way to minimize the harm associated with marijuana is to regulate marijuana in a manner similar to alcohol. For more information, please visit www.MarijuanaPolicy.org.

####
Subscribe to Medical Marijuana