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Medical Marijuana

The DEA is raiding California right now -- 4:45 p.m. on 9/26/07

Right now, the DEA is currently raiding the River City Patient Center in Sacramento, California — the longest established medical marijuana dispensary in the city. Protesters have gathered outside the building in support of the collective.

And yesterday, the DEA began threatening landlords in the Santa Barbara area who lease space to medical marijuana dispensaries — activity that’s legal under California state law — with federal prison time and forfeiture of their properties. Several dispensaries closed right away.

This follows a similar move in Los Angeles in July — a maneuver that was condemned in a Los Angeles Times editorial as "a deplorable new bullying tactic."

No matter what state you live in, will you please take a few minutes to write all three of your members of Congress to protest this federal interference in state law? MPP’s action center is easy to use: You can send one of our pre-drafted letters, or you can personalize the letter.

This is just the latest in the campaign of terror the DEA is waging on the sick. In June and July, the DEA conducted extensive medical marijuana raids in several California counties and in Oregon, including raids on at least 10 Los Angeles clinics in late July. Most were aimed at medical marijuana dispensaries operating legally under state and local laws, and in several cases the DEA detained and terrorized individual patients.

If this outrages you like it does me, would you help MPP hire a new grassroots organizer in California, as well as to retain a lobbyist to help push legislation in Sacramento to protect these dispensaries? If enough supporters on this e-mail list donate today, MPP will be able to fully pay for both positions.

These reprehensible DEA attacks — which run counter to state law, as well as the 78% of the American people who support "making marijuana legally available for doctors to prescribe in order to reduce pain and suffering" — are preventing effective local regulation of medical marijuana: Cities and counties in California are passing ordinances to ensure that medical marijuana dispensaries follow the law and serve patients properly. But by treating all who provide medical marijuana to the sick as common drug dealers, the DEA has become the single largest obstacle to effective regulation of these establishments.

A major Los Angeles raid actually occurred at the exact moment that members of the city council were holding a press conference to discuss an ordinance to regulate medical marijuana providers.

Local officials and major newspapers are outraged by the DEA's actions. After the July raids in Los Angeles, L.A. City Councilman Dennis Zine — a Republican and former police officer with the L.A. Police Department — said, "I am greatly disturbed that the Drug Enforcement Administration would initiate an enforcement action against medical marijuana facilities in the City of Los Angeles during a news conference regarding City Council support of an Interim Control Ordinance to regulate all facilities within the City. This action by the DEA is?contrary to the vote of Californians who overwhelmingly voted to support medicinal marijuana use by those facing serious and life threatening illnesses. The DEA needs to focus their attention and enforcement action on the illegal drug dealers who are terrorizing communities in Los Angeles."

After a series of DEA medical marijuana raids in San Francisco, the city's health director, Dr. Mitchell Katz, wrote to the U.S. Senate Judiciary Committee, "These actions have resulted in 4,000 persons with chronic illness left without access to critical treatment upon which they rely. Certainly in this post-September 11 environment, it seems that a DEA priority punishing organizations for distributing cannabis for medical purposes to chronically ill individuals is misplaced."

Would you help us fight back against the DEA's deplorable attacks on sick patients? Please write your three members of Congress now, and then consider making a donation to MPP today.

Sincerely,

Rob Kampia
Executive Director
Marijuana Policy Project
Washington, D.C.

MPP saves 12 states' medical marijuana laws

Late last week, Congress passed a measure involving the FDA that did not include a dangerous amendment that could have undermined the 12 state laws that are protecting medical marijuana patients from arrest and jail.

The FDA bill’s passage marks the defeat of the greatest threat the medical marijuana movement has ever faced.

The threat was in the form of an amendment that was authored by U.S. Sen. Tom Coburn (R-Okla.) and attached to the Senate version of the FDA bill back in April. The House thankfully omitted Sen. Coburn’s amendment from its version of the FDA bill, and the final bill that President Bush is expected to sign also did not include Sen. Coburn’s amendment.

This victory is the result of MPP’s tireless work on Capitol Hill — and your calls, e-mails, and faxes to your members of Congress. Also important were the behind-the-scenes calls from major MPP allies to key members of Congress.

If you haven’t yet made a donation to MPP this year, would you please consider giving $10 or more today to support our important work in Congress?

The defeat of Sen. Coburn’s amendment feels really, really good. He is perhaps the number-one opponent of medical marijuana in the U.S. Senate; for example, last year he told MPP’s lobbyist that “marijuana is not a medicine, and the doctors and scientists who say it is one are smoking it themselves.”

Sen. Coburn's amendment was a thinly veiled attempt to undermine the medical marijuana laws in 12 states — Alaska, California, Colorado, Hawaii, Maine, Montana, Nevada, New Mexico, Oregon, Rhode Island, Vermont, and Washington — by placing them under the authority of the FDA (in addition to the DEA), while not providing the same approval process for marijuana as for other drugs seeking FDA approval as prescription medicines.

If the Coburn amendment had become law, a federal agency could have sued, say, the Oregon government for the purpose of persuading a federal judge to shut down Oregon’s medical marijuana ID card program that has done so much to protect more than 10,000 patients in the state.

MPP and its allies on Capitol Hill successfully worked with members of the House and Senate to remove the offending provision from the final version of the bill — making new legislative allies in the process. The House passed the final FDA bill on Wednesday, and the Senate passed it on Thursday.

Again, this success would not have been possible without your support — in the form of contacting your legislators, and in the form of financial contributions. Influence in Congress is not easily gained.

Please make a donation to MPP today so that we can continue to push forward with ending marijuana prohibition in this country.

Just today, the FBI released its annual Uniform Crime Reports, which documented that our nation just hit a new all-time high for marijuana arrests in the U.S. — 829,627 arrests by local and state police (not the feds) in 2006 alone. That’s one marijuana arrest every 38 seconds.

Your support is clearly needed more than ever. Please give now.

Thanks for your support.

Sincerely,

Rob Kampia
Executive Director
Marijuana Policy Project
Washington, D.C.

P.S. As I've mentioned in previous alerts, a major philanthropist has committed to match the first $3.0 million that MPP can raise from the rest of the planet in 2007. This means that your donation today will be doubled.

P.P.S. You can opt out of receiving fundraising mentions in the e-mail alerts I send you in 2007 by visiting www.mpp.org/2007optoutpreference at your convenience.

ASA’s Media Summary for the Week Ending 9/21/07

FEDERAL: Judge Says Patient Must Return to Prison

A California medical marijuana patient is being sent back to jail to finish a 10-year sentence. Shortly after voters legalized medical use in the state, Bryan Epis began cultivating marijuana for himself and a handful of other qualified patients. Federal prosecutors claimed he was a drug dealer hoping to get rich; defense attorneys say they lied and misrepresented evidence at trial. Epis was released from prison after the Ninth Circuit Court of Appeals found in favor of medical marijuana patients in the Raich case, but now a judge says he has to go back and serve his original term.

Same term for medical pot grower
by Denny Walsh, Sacramento Bee (CA)
For the second time in five years, Bryan James Epis, the first person associated with a California cannabis buyers' club to be tried in a federal court for growing marijuana, was sentenced Friday in Sacramento to 10 years in prison.

WISCONSIN: State Measure Introduced Again

For the fifth year in a row, the Wisconsin state legislature is taking up the question of whether medical marijuana patients should be prosecuted for following their doctors’ advice. Polling shows that more than 75% of Wisconsin voters think access to medical marijuana should be legal. Lawmakers will again have the chance to bring public policy into line with public opinion.

Medical cannabis supporters unite
by Cara Harshman, Badger Herald (WI)
Is your medicine legal? Jacki Rickert’s isn’t. The Wisconsin mother joined two state legislators and other medical marijuana supporters Tuesday for a press conference to announce the introduction of new medical marijuana legislation.

Their medicine's not legal yet
by Jackie Johnson, Wisconsin Radio Network
Two state lawmakers introduce comprehensive medical marijuana legislation, called the "Jacki Rickert Medical Marijuana Act."

In Politics: For the Health of It
by Doug Hissom, On Milwaukee Magazine
Some state legislators are trying the get Wisconsin out of the mainstream when it comes to pot laws. The latest effort is being billed as "the most comprehensive medical marijuana legislation to date," according to bill sponsors, state Reps. Frank Boyle (D-Superior) and Mark Pocan (D-Madison).

Just a bill: Medical marijuana
by Stacy Forster, Milwaukee Journal-Sentinel
People with debilitating medical conditions would have access to marijuana under a bill introduced by Democratic Reps. Mark Pocan of Madison and Frank Boyle of Superior.

Boyle reintroduces medical marijuana bill
KUWS radio (WI)
Using marijuana for medical relief will be proposed again in the Wisconsin legislature again this session. Mike Simonson reports from Superior.

NEW YORK: Medical Marijuana Bill Moving Forward

The state Assembly has already passed a bill to remove criminal penalties for medical marijuana patients in New York. Now the state Senate is considering a different version of the bill, one that could render the law unworkable. The tactic has drawn the condemnation of at least one editorial board.

NY State Sen. Morahan backs medical pot stance
by Matt King, Times-Herald Record (NY)
Days after medical marijuana advocates took out an ad targeting state Sen. Thomas Morahan, he reaffirmed his support for a bill allowing doctors to prescribe the drug for seriously ill patients.

Baloney on medical marijuana
EDITORIAL, Times Herald-Record (NY)
There's a trick politicians use when they want to appear to be in favor of some issue that has strong public support. They craft legislation that suggests support but include a provision they know the other political party won't go for.

NHS: Cannabis Petition, Government Response

Legalise Cannabis Alliance petition (UK), and government response: Response from UK Downing Street on petition (note the last paragraph) NHS-cannabis - petition reply 21 September 2007 We received a petition asking: "We the undersigned petition the Prime Minister to make cannabis/cannabis based drugs legal and available on NHS prescription to people suffering chronic pain and other ill health." *Details of Petition:* "Cannabis and cannabis based drugs are proven to be of great benefit to people suffering from chronic pain and illnesses such as cancer and Multiple Sclerosis (MS) in Canada, some US states and other countries. As the law currently stands, cannabis is illegal in the UK and cannot be prescribed on the NHS." * Read the petition * Petitions home page Read the Government's response: The Government has every sympathy for people who suffer from debilitating illnesses who cannot satisfactorily alleviate their symptoms through the use of existing medication. However, cannabis has a number of acute and chronic health effects and remains a controlled drug for good reasons. It is in this context that, on 27 May 2005, the Court of Appeal rejected an appeal to allow the use of cannabis (in its raw form) for the relief of chronic pain. The Court took the view that necessity was no defence for using or supplying the drug. It dismissed appeals in six cases where people were given fines or suspended sentences after convictions for possessing or importing cannabis. The Court also took the view that the general prohibition on cannabis in the Misuse of Drugs Act 1971 showed that any benefits perceived or suggested for individual patients were regarded as outweighed by the detriment of allowing its use. The judges left open the possibility of an appeal to the House of Lords because of the public importance of the issue. Whilst the Government has no intention of legalising the use of cannabis in its raw form for medicinal purposes, it would be willing to legalise the scientifically established medicinal use of a medical preparation of the drug. Any decision to legalise such a product is subject to product approval being granted by the Medicines and Healthcare products Regulatory Agency (MHRA), which will evaluate the safety, quality and effectiveness of all prospective medicines in the interests of public health. Sativex (Cannabis Sativa L.Extract) is an unlicensed medicine in the UK and a controlled drug under the Misuse of Drugs Act, listed in Schedule 1 of the Misuse of Drugs Regulations 2001. Previously, Sativex could only be prescribed by a doctor who had been granted the appropriate licence, and pharmacists could only stock and supply the product if they too had the appropriate licence. Guidance on this was issued by the Pharmaceutical Services Negotiating Committee (PSNC) in the December 2005 issue of Community Pharmacy News. Since then, the Home Office has confirmed that it has issued an open general licence for the product which allows pharmacists to dispense the product as an unlicensed medicine under certain conditions. There is no longer the requirement for a prescribing doctor or dispensing pharmacist to contact the Home Office in relation to obtaining a licence to prescribe or supply Sativex. The Home Office has lifted the record-keeping requirements and pharmacists now do not need to record Sativex in their controlled drug registers. There are provisions for patients to obtain Sativex in the UK but it would be for the individual patient and their doctor to discuss and consider whether the use of Sativex is appropriate for their particular clinical need. The GP concerned would have to write out the prescription and the pharmacist would contact the manufacturer for a supply of Sativex. Prescription requirements for Sativex still apply whereby prescriptions must be written in the same way as they are for Schedule 2 drugs with prescriptions including the dose, form, strength and total quantity of the preparation in both words and figures. Sativex is still classified as a Schedule 1 controlled drug and will remain so until such time as it has been approved by the MHRA, at which point the Home Office anticipates that Sativex (but not cannabis) will be rescheduled as a Schedule 4 controlled drug. Unfortunately, the MHRA cannot provide information about the status of an application or when it can be expected. The Agency will only approve applications once it is satisfied that the product in question is of a suitable quality, is efficacious and safe, and has an appropriate risk/benefit for the patients and indications sought. There has always been provision in both UK and European legislation which allows doctors to prescribe an unlicensed medicinal product (for which they are personally responsible) specially prepared and for administration to a particular patient to meet a special clinical need.

Americans for Safe Access Saves Medical Cannabis Laws!

Dear ASA Supporter, Americans for Safe Access (ASA) scored an important victory in Congress yesterday, one that may have protected the medical cannabis laws in all twelve states in which they have been adopted. In April, ASA was the first to get word from allies in Washington, DC, that staunch medical cannabis opponent Senator Tom Coburn planned to quietly introduce an amendment to the Prescription Drug Use Fee Act, that would have effectively blocked implementation of state medical cannabis laws by giving the Food and Drug Administration (FDA) the authority to obstruct these laws! ASA and our allies in the HIV/AIDS community sprang into action – launching a stealthy campaign to kill the amendment without alerting our adversaries. Yesterday, the bill was adopted without the harmful Coburn amendment! This is exactly the work we came to do when we opened the first office in Washington, DC devoted exclusively to medical cannabis advocacy. We need your support to be sure we are here to fight back again next time – and take the campaign on the offensive. Please take a moment to support ASA’s work today by visiting www.AmericansForSafeAccess.org/Join. ASA has worked hard to establish strategic alliances with health care advocacy organizations in order to expand and strengthen the coalition supporting medical cannabis. This new coalition had the power to persuade Senator Ted Kennedy and Presidential Candidates Senators Clinton and Obama to oppose the amendment. ASA and our allies continued working to be sure the sneaky amendment was not introduced in the House, and ultimately removed from the final bill. We had to act fast and work in concert with our allies, but we were able to stop the Senator’s attempt to do an administrative end run around states’ medical cannabis laws. Unfortunately, this will not be the last time we have to fight off an attack on safe access. That is why ASA continues to educate members of Congress, advocate for policies that promote safe and legal access, and keep an eye on our increasingly sophisticated opponents. We need your continued support to do this work so please contribute today: www.AmericansForSafeAccess.org/Join. We rely on support from people like you to defend safe access against threats like the Coburn amendment. Please help us do this work, so that we can finally harmonize federal law with the laws of the states that allow medical cannabis use. Only then, will patients’ access be truly safe. Thank you for doing your part! Sincerely, Steph Sherer Executive Director Americans for Safe Access

ASA’s Media Summary for the Week Ending 9/14/07

ASA ACTION: Defense of Patient Collectives Advances

Butte County, California has tried to limit patients’ ability to organize as collectives, but ASA is fighting that in court, arguing that county policy does not conform with state law. A win for patients would mean that the most seriously ill would have better access, since the policy being challenged prevents those who cannot actively participate in a growing collective from receiving medicine from it.

Ruling allows medical pot lawsuit to proceed
by Terry Vau Dell, Chico Enterprise-Record
A Superior Court judge has ruled law enforcement response toward medical marijuana co-operatives or collectives in Butte County is out of step with state law. Joe Elford, chief counsel for Americans for Safe Access, the medical marijuana advocacy group that filed the lawsuit, cheered the pretrial ruling.

DISPENSARIES: Kern and San Mateo Counties Hear from Patients

Recent federal raids in both Kern and San Mateo counties have created a crisis of access for many patients in those communities. Local officials are being asked to stand up for their constituents and find ways to ensure the safe access that state law says is a patient’s right. ASA activists in San Mateo were instrumental in getting their local representatives to look at the issue, calling council members and supervisors, sending hundreds of e-mails, and organizing activists to testify at meetings.

Medical pot advocates ask county to help
by Jason Kotowski, Bakersfield Californian
Medical marijuana advocates packed Tuesday night's meeting of the Kern County Human Relations Commission to ask the county to intercede and protect pot dispensaries. Life's been tough since every medical marijuana dispensary in the county closed after federal drug raids at one of the shops, advocates told the commission.

Kern County Human Relations Meeting to discuss medical pot
KGET - TV
Local medical marijuana patients plan to speak out about the recent raids that shut down several dispensaries around town.

San Mateo County may regulate pot dispensaries
by Michael Manekin, San Mateo County Times (CA)
Two weeks after the DEA raided three San Mateo medical marijuana dispensaries that the county district attorney said violated state law, the County Counsel's office is preparing guidelines for the distribution of medical marijuana.

Advocates urge San Mateo to adopt pot resolution
by Michael Manekin, San Mateo County Times (CA)
Medical marijuana patients and advocates, upset over the federal raid and shutdown of three medical cannabis dispensaries in downtown San Mateo last week, turned out en masse for a Tuesday night San Mateo City Council meeting.

Laguna Hills approves ban on medical marijuana dispensaries
by Alejandra Molina, Orange County Register (CA)
Laguna Hills leaders on Tuesday passed a permanent ban on medical marijuana dispensaries.

CALIFORNIA: Collective Garden Uprooted, Patient Protests

At least one patient has stepped forward to publicly protest the destruction of a cannabis garden in Northern California, saying six of the 100 plants were his. Under state guidelines, all counties must allow any qualified medical marijuana patient to cultivate at least six mature plants. Many patients band together to grow their medicine at common locations for better management of the plants.

Agents destroy pot garden; user says drug prescribed
by Ryan Sabalow, Redding Searchlight-Record
Federal agents raided a 100-plant garden on property along Backbone Ridge near here Wednesday, outraging at least one area man who claims the feds destroyed his medicinal marijuana, which is legal under California law.

ILLINOIS: Senator’s Support for Medical Marijuana Lacks Action

When Illinois Senator Richard Durbin, who holds the key leadership position of Assistant Majority Leader, stated his support for legal access to medical marijuana, many patients and advocates took heart. But at least one editorial board wondered why Congress continues to authorize raids on medical marijuana patients and those who care and provide for them.

Medicinal marijuana laws far too hazy
EDITORIAL, Daily Illini
In an interview with the Associated Press last week, Illinois Senator Dick Durbin came out in favor of changing federal law to allow physicians to prescribe medicinal marijuana to their patients. While Durbin reiterated that this is not exactly high on his priority list and that he has no specific plans to bring it up in Washington, one wonders how much the federal government needs to be involved in the first place.

FEDERAL: Why Conservatives Should Defend Medical Marijuana

The Republican Party’s turn toward Federalist principles of state sovereignty and a more limited central government has had effects on many areas of American life. But not all are enthusiastic about defending state laws that protect medical marijuana patients from being jailed for following their doctors’ advice. This commentator notes a curious lack of consistency.

Federalism should extend to marijuana raids
by Radley Balko, Polico.com
If ever there were an issue for which federalism would seem to be an ideal solution, it’s the medical marijuana issue, which touches on crime, medical policy, privacy and individual freedom — all the sorts of values-laden areas of public policy that states are best equipped to deal with on a case-by-case basis, and for which a one-size-fits-all federal policy seems particularly clunky and ill-suited.

RHODE ISLAND: More Patients Served in Law’s Second Year

The scientific consensus about the therapeutic potential of cannabis is compelling, but nothing shows better than the experience of patients the importance of making access to medical marijuana safe and legal, as Rhode Island has done. The patient perspective is conveyed particularly well in this week’s article from the Providence Journal.

For more than 300 Rhode Islanders, marijuana provides legal relief
by Amanda Milkovits, Providence Journal (RI)
Rhode Island's new state law, called the Edward O. Hawkins and Thomas C. Slater Medical Marijuana Act, allows patients with debilitating medical conditions, such as cancer, HIV and multiple sclerosis, to possess up to 12 marijuana plants and 2.5 ounces of marijuana. As of early last month, 302 patients and 316 caregivers were enrolled in the program, according to the state Department of Health. A total of 149 physicians in Rhode Island have referred patients to the program.

Patients Say Marijuana Law a Success
Associated Press
Medical marijuana users say Rhode Island's law leaves gray areas, but they're content nonetheless.

COLORADO: Activist-Patient Lobbies for Support

One of the medical marijuana patients active in the Frontrange chapter of ASA has been pressuring medical organizations to support safe access. The ASA activist has also petitioned the Colorado health department to expand the list of conditions for which cannabis may be legally recommended.

Local man tangles with American Cancer Society, police in his campaign to promote medical marijuana
by J. Adrian Stanley, Colorado Springs Independent
American Cancer Society officials didn't waste any time removing medical marijuana activist Matthew Schnur from their local event in August.

FEDERAL: Lies to Doctor Backfire on DEA

When undercover federal agents were turned away from a California medical marijuana dispensary because they did not have valid doctors’ recommendations, the DEA fabricated identities and medical conditions for them, so they could trick a local cannabis specialist into giving them recommendations the dispensary could verify. When the DEA then raided the dispensary and the doctor discovered that he’d been duped, he filed suit, alleging the government had violated the US Supreme Court’s Conant decision, which protects doctors who recommend cannabis from federal interference.

Doctor's suit progresses: Judge decides First Amendment suit in pot sting has merit
by Ryan Sabalow, Redding Record Searchlight
A federal judge rejected a government move to throw out a First Amendment lawsuit filed by a Redding doctor caught up in a sting against a local medical marijuana dispensary.

Will Snoops Get Stopped?
by Fred Gardner , CounterPunch
U.S. District Judge Lawrence K. Karlton has denied the Drug Enforcement Administration's motion to dismiss a civil suit brought by Philip A. Denney, MD. The case will be tried in June 2008 in Sacramento. Denney is seeking to enjoin government agents from infiltrating a medical practice under false pretenses.

CALIFORNIA: Another County Implements ID Cards

In 2003, the California legislature directed county health departments to provide medical marijuana patients who want them with ID cards that both protect them from arrest and allow law enforcement to better identify qualified patients. But there was no deadline for when the ID cards should be made available, so some counties have been slower than others to get with the program.

Monterey County Begins Distribution Of Medical Marijuana Cards
The KSBW Channel
Medical marijuana cards are now available in Monterey County. Monterey County joined the statewide medical marijuana identification card program for those who have a doctor's note to use the drug.

CANADA: Health Officials Try to Limit Doses

Doctors and medical marijuana patients in Canada are under pressure from federal officials to limit the amounts being prescribed and used. One patient notes that officials never asked about her prescriptions for heroin or cocaine they way they are going after her cannabis use.

New dosage limits for medical marijuana: But where's the science?
by Pauline Comeau, Canadian Medical Association Journal
New evidence-based guidelines are urgently needed to help doctors negotiate Canada's hazy medical marijuana landscape, particularly in light of Health Canada's efforts to impose new dose limits, say the nation's leading cannabis researcher and doctors who have been queried about their marijuana authorizations.

MORE ABOUT AMERICANS FOR SAFE ACCESS

Find out more about ASA at AmericansForSafeAccess.org. More medical marijuana news summaries can be seen at AmericansForSafeAccess.org/News.

ASA’s Media Summary for the Week Ending 9/7/07

FEDERAL: Northern California Raids Spark Protests, Policy Talk

The DEA’s latest attempts at interfering with how California is implementing safe access to medical marijuana resulted this week in protests by patients and meetings of local officials. The raids on the San Francisco Bay Area community have created problems for the patients who relied on the three dispensaries. As in Los Angeles, many are challenging local law enforcement over their cooperation with federal agents. San Mateo ASA is launching a campaign to protect dispensaries; they testified at the city council meeting and will be doing the same at the County supervisors hearing next week.

Medical marijuana advocates protest shutdown of three San Mateo clubs
by Michael Manekin, MediaNews
Medical marijuana patients and advocates, upset over the federal raid and closing of three medical cannabis dispensaries in downtown San Mateo last week, are asking city officials for help. "We do not want to see our local tax revenues wasted on paying our local law enforcement to aid in federal raids when there has been no violation of state law," said Brent Saupe, a San Mateo resident and a volunteer with Americans for Safe Access (ASA), an Oakland-based medical marijuana advocacy group.

Officials to shape pot policy
by Dana Yates, San Mateo Daily Journal
Patients affected by the closure and recent raids of three San Mateo medical marijuana dispensaries have officials meeting to form a new countywide pot club policy, San Mateo City Manager Arne Croce told members of the City Council last night.

City calls for pot shop regulation
by Michael Manekin, San Mateo County Times
The many battles raging in California over medical marijuana are fueled by a basic disagreement between federal law, which prohibits the possession of cannabis altogether, and state law, which has allowed the selective use of medical marijuana for more than a decade.

OREGON: Federal Judge Says Patient Records Off Limits

A serious challenge to patients’ privacy was turned back by a U.S. District judge this week, who denied the federal government’s attempt to obtain patient records from Oregon’s state medical marijuana program. A chief criticism of programs that require patient registration – as most do – is that it leaves patients vulnerable to being target by the DEA and other federal agencies.

Ruling protects pot patients
by Anne Saker, The Oregonian
A federal judge has thrown out sweeping subpoenas for patient records kept by Oregon's medical marijuana program and a private clinic, saying privacy concerns overruled a grand jury's demand for information.

U.S. court won't allow subpoena of Ore. medical marijuana records
Associated Press
A U.S. District Court has decided the medical records of 17 Oregon medical marijuana patients do not have to be released.

NEW MEXICO: State Working to Implement New Program

Governor Bill Richardson personally assured the creation of the new medical marijuana program in his state, but now the real work of ensuring safe access for patients is underway. Already, federal agents have raided a paraplegic man authorized by New Mexico to grow and possess cannabis, causing the governor, who is also a former federal official and now a candidate for President, to vow a full scale battle.

Patient finds temporary relief with medical marijuana
by Sue Vorenberg, Albuquerque Tribune (NM)
There's no lie in her face, no subtlety in her responses - only a resigned acceptance and willingness to fight against her circumstances. At age 62, she has AIDS. She weighs 78 pounds. The side effects of her medications aren't as sickening as they used to be, but she's still constantly nauseated and in pain. What gets her through it all, she says, is marijuana.

Medical marijuana patients face difficult task of finding drug
by Sue Vorenberg, Albuquerque Tribune (NM)
At the center of the labyrinth of issues around medical marijuana is a snarled garden of Catch-22. Certified patients in New Mexico can use it - but they have no way to legally get it.

Commentary: Why fight medical marijuana?
by J. Michael Jones, Albuquerque Tribune (NM)
New Mexico is the most recent state to legalize medical marijuana - not the last. The feds' pursuit of those violating federal laws but not state laws is a waste of time, money and effort. But the tide is turning, and eventually this version of prohibition will come to an end, like the previous one, for much the same reason.

Americans for Safe Access Monthly Activist Newsletter -- September 2007

ASA Argues for Return of Patients' Unlawfully Seized Marijuana

Ruling from state appellate court could end years of local law enforcement violations

ASA's Return of Property campaign reached a pivotal point this month. Chief Counsel Joe Elford appeared before a state appeals court to argue that any California patient whose medical marijuana is seized in a law enforcement encounter has a right to get that cannabis back as soon as the patient demonstrates that the marijuana is lawfully possessed underCalifornia law.

State law says any wrongfully seized property must be returned, but some law enforcement agencies have argued that they cannot give back medical marijuana because doing so would violate federal law, even though the state Attorney General has said otherwise. California court rulings have split on the issue, with some judges ordering the return of medical marijuana and some refusing.

The appeals court is considering two cases. The first is that of Felix Kha, a Garden Grove patient who had eight grams of medical marijuana confiscated. A Superior Court judge ordered the return of his medicine, but the city of Garden Grove not only refused, it appealed the order. The second case is that of Jim Spray, a Hunt-ington Beach patient who was denied a court order by a different judge in the same Court that issued Kha's order.

"It is bad enough to have your medicine seized by police,” said Elford. “But to then be denied its rightful return shows a blatant disregard for the law."

Over the past two years, ASA has had success getting law enforcement agencies such as the California Highway Patrol to change their policies and has even helped patients get cash compensation for medicine that was destroyed or lost before it could be returned.

For further information, refer to:
Felix Kha's return of property case, including a description and legal briefs
The City of Garden Grove's appeal
ASA's opposition to Garden Grove's appeal
The California Attorney General's amicus brief in support of Kha
The California Police Chiefs Association amicus brief in support of Garden Grove
Examples of return of property court orders issued by Superior Court judges in California

Program for Seniors Considers Medical Marijuana

Poll Shows Nearly All Viewers Support Safe Access

Medical marijuana was the subject this month of a news magazine program on the country's largest television network devoted to retired Americans. The "Viewpoint" program on Retirement Living Television (RLTV), a cable channel that boasts 29 million viewers, included interviews with patients, medical researchers, dispensary operators, and federal officials.

Among those featured in the program were Florida medical marijuana patient Irv Rosenfeld, who receives his medicine free from the federal government; Dr. Bertha Madras, the Deputy Director of the White House Office of National Drug Control Policy; and Dr. John Benson, one of the co-investigators for the 1999 Institute of Medicine report, which concluded that there are medical uses for marijuana. ASA's Director of Government Affairs, Caren Woodson, was part of an RLTV promotional program that aired the day before.

The focus of the RLTV programs was "the relationship between seniors living with chronic pain and their choice to use medical marijuana to alleviate their constant discomfort," according to RLTV, which offers additional information at www.rl.tv.

A poll of RLTV viewers found that only one person did not support access to medical marijuana with a physician's recommendation. This is consistent with a December 2004 poll conducted by the American Association of Retired Persons (AARP), which found that 72% of their membership "agree that adults should be allowed to legally use marijuana for medical purposes if a physician recommends it." Nearly one-third said that they smoked marijuana.

Many of the ailments commonly associated with aging - such as arthritis, cancer, glaucoma, and chronic pain - can be effectively treated with cannabis, as outlined in the ASA booklet on medical marijuana and aging.

Fore more info, see:
RLTV Viewpoint promotional segment
AARP 2004 Report
ASA Chapter Focus

Front Range ASA, Colorado Springs, Colorado

ASA’s Media Summary for the Week Ending 8/31/07

FEDERAL: New Mexico Paraplegic Raided

New Mexico Governor and Democratic Presidential candidate Bill Richardson is outraged over a federal raid on a paraplegic who is registered with the state to legally use medical marijuana. The patient was attempting to grow six plants, as he is entitled to, but most had died. Agents seized them regardless. The Governor has said he will use every available means to curtail federal interference with his state’s medical marijuana program. See ASA’s press release on the federal escalation to undermine medical marijuana state laws.

MPP: Help stop DEA obstruction of medical marijuana research

Would it surprise you to learn that the Drug Enforcement Administration (DEA) is refusing to allow medical marijuana research to move forward — despite a clear recommendation from its own administrative law judge to let such research happen?

If you’re like me, this will be just the latest outrage from the same agency that insists on terrorizing and arresting medical marijuana patients and providers who are complying with state law and their doctors’ advice.

Would you please take one minute to ask your U.S. House member to direct the DEA to permit medical marijuana research to move forward? MPP’s online action center has done all the work for you; just click a few buttons and your letter will be sent.

(Congress provides the DEA with 100% of its funding — all of it taxpayer money — so the DEA is more likely to listen to members of Congress than just about anyone else.)

In February of this year, DEA Administrative Law Judge Mary Bittner recommended that Professor Lyle Craker and the University of Massachusetts be granted a license to grow research-grade marijuana that would be used in FDA- and DEA-approved clinical studies into marijuana’s therapeutic uses, noting that it would be “in the public interest” to do so. But the DEA has ignored her recommendation and continued to block the research.

And earlier this month, during a hearing before the U.S. House Judiciary Subcommittee on Crime, Terrorism, and Homeland Security, DEA official Joseph Rannazzisi refused to commit to a timeline for ruling on the University of Massachusetts’ application ... even implying that the DEA might just wait until after a new presidential administration takes power in January 2009!

This is the height of hypocrisy. The DEA continually cites insufficient research as a reason for keeping medical marijuana illegal — while simultaneously blocking the very research that’s needed to persuade the FDA to approve marijuana as a prescription medicine.

How can the DEA hide behind the FDA in arguing against medical marijuana access, and then block any attempt to move marijuana through the FDA approval process?

Would you please take one minute to ask your U.S. House member to stop letting politics interfere with research into the medicinal value of marijuana?

Thank you,

Rob Kampia
Executive Director
Marijuana Policy Project
Washington, D.C.

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