Medical Marijuana

FEDERAL: Rosenthal Retrial Ends With Split Verdict COLORADO: DA Rethinks Caregiver Case CALIFORNIA: Dispensary Regulations, More Patient Protection in LA VERMONT: Expanded State Medical Marijuana Law Enacted RHODE ISLAND: Overwhelming Support for Medical Marijuana Bill CONNECTICUT: Support for New State Medical Marijuana Bill Urged WISCONSIN: State Medical Marijuana Measure to be Considered Again FEDERAL: Dispensary Operators Charged CANADA: Patients Criticize Medical Marijuana Program CALIFORNIA: Dispensary Case Goes to State Court DOCTORS: Specialists Battle Prejudice on Behalf of Patients -------------------------------------------------------------------------------- FEDERAL: Rosenthal Retrial Ends With Split Verdict Even though he did not put on a defense, author and medical marijuana advocate Ed Rosenthal was acquitted on one felony charge and the jury deadlocked on another. He was re-convicted of three other charges related to his work growing cannabis for patients under a city of Oakland program, but there were other victories for medical marijuana patients. With help from ASA, seven members of the community who the government tried to compel to testify against Rosenthal refused; the judge ultimately complimenting them on their “dignity” and “decorum” and refused to punish them. And ASA Chief Counsel Joe Elford got the bulk of the government’s case dismissed by arguing that it was “vindictive prosecution.” Medical marijuana advocate convicted by Bob Egelko, San Francisco Chronicle Ed Rosenthal was a free man, but not a happy one, after a jury convicted him Wednesday for a second time of violating federal drug laws by growing marijuana for medical patients. "Ganja guru" convicted in San Francisco retrial Reuters After fighting for years to clear his name, a prominent marijuana advocate known as the "ganja guru" was convicted again on Wednesday on charges of cultivating and distributing the weed. Federal Jury Convicts 'Guru of Ganja' by Paul Elias, Associated Press The self-proclaimed "guru of ganja" was convicted again Wednesday in federal court of illegally growing hundreds of marijuana plants that he said were meant to treat sick people, which state law allows. 'Ganja guru' guilty, but won't see jail by Josh Richman , ANG Newspapers A federal jury in San Francisco convicted Oakland "Guru of Ganja" Ed Rosenthal on Wednesday of three of the five marijuana-growing felonies of which he stood accused. Jury Convicts Rosenthal on Three Marijuana Counts, Acquits on One by Julie Cheever, Bay City News Service Oakland marijuana activist Ed Rosenthal was convicted in federal court in San Francisco today of three counts of conspiring to grow marijuana and growing marijuana at an Oakland warehouse. Pot advocate convicted on three charges by Bob Egelko, San Francisco Chronicle Marijuana advocate Ed Rosenthal was convicted for a second time today of violating federal drug laws by growing pot plants for medical patients, but he faces no punishment for the felony convictions, apart from the one day in jail that he has already served. `Ganja Guru' case goes to jury by Josh Richman, ANG Newspapers The fate of Oakland "Guru of Ganja" Ed Rosenthal once again rests in a federal jury's hands -- in a manner of speaking. after his first trial and conviction in 2003, later overturned by a federal appeals court. Whether with a clean slate or as a convict, Rosenthal will walk free no matter what this jury decides. -------------------------------------------------------------------------------- ASA ACTION: DA Rethinks Colorado Caregiver Case What was touted as an important test case for medical marijuana caregivers in Colorado may send an even stronger message to the state’s law enforcement community. Like many states with medical marijuana laws, Colorado does not provide realistic guidelines for how qualified patients are to get their medicine, leaving its citizens to make ad hoc arrangements. Attorney Brian Vicente – who is director of the Colorado Campaign for Safe Access, a joint project of ASA and Sensible Colorado -- appears to have convinced authorities to recognize the legitimacy of this set of caregivers. Charges in medical marijuana case expected to be dropped today The Coloradoan The Larimer County District Attorney is expected to drop charges in the medical marijuana case against Fort Collins residents James and Lisa Masters, the couple's defense attorney said today. --------------------------------------------------------------------------------

IN MEMORIAM: Doctor Who Uncovered Much About Cannabis CONNECTICUT: State House Approves Medical Marijuana Bill NEW JERSEY: State Preparing for Medical Marijuana Debate MICHIGAN: Statewide Measure May Go Before Voters RHODE ISLAND: Huge Margin for Medical Marijuana Bill ALABAMA: Lawmakers Begin Consideration of Medical Marijuana RESEARCH: Scientist Asks DEA to Heed Judge on Medical Marijuana CANADA: Private vs Public Cannabis Cultivation before Court DISPENSARIES: Many Cities Regulate But Some Resist ______________________________________________ IN MEMORIAM: Doctor Who Uncovered Much About Cannabis As a government expert on drug abuse, Dr. Mikuriya seemed a good choice to lead some of the first federal inquiries into marijuana, but his research quickly uncovered a long history of medical uses that changes his opinion and put him at odds with the federal government. Over the decades that followed, he published extensive papers chronicling that history, and was one of the first doctors to champion marijuana as a drug that can safely treat a remarkably broad spectrum of conditions. He is credited with helping draft California’s medical marijuana initiative, the first in the country. Tod H. Mikuriya, 73; psychiatrist who championed legal medical marijuana by Valerie J. Nelson, Los Angeles Times Dr. Tod H. Mikuriya, a psychiatrist who was a leading figure in California's medical marijuana movement, died from complications of cancer Sunday at his Berkeley home, his family said. He was 73. ______________________________________________ CONNECTICUT: State House Approves Medical Marijuana Bill Lawmakers in the “Constitution State” this week approved a measure to remove criminal penalties for their constituents who are following a doctor’s advice on using medical marijuana. The state nickname is particularly apt in this case, since the Constitution leaves to states the responsibility of looking after the health and safety of their citizens. Compassion: Connecticut should allow medical marijuana EDITORIAL, Danbury News-Times (CT) It is heartbreaking to hear patients and their loved ones begging for the legal right to the relief that marijuana provides to some patients. A carefully regulated program will allow them to get the help, the freedom, they request in a compassionate and legal manner. House votes to legalize medical marijuana by Mark Davis, WTNH News Channel 8 (CT) A bill that would allow the use of medical marijuana for certain patients has been approved by the state House of Representatives. Connecticut House OKs medical marijuana use by Ken Dixon, Connecticut Post After a wide-ranging, six-hour debate and several failed efforts to kill or weaken the controversial legislation, the House voted Wednesday to approve the use of marijuana by the seriously ill. ______________________________________________ NEW JERSEY: State Preparing for Medical Marijuana Debate The Garden State may soon approve gardens of a medicinal nature, as lawmakers are preparing to introduce bi-partisan bills in both houses. Governor Corzine stated his support for such a bill during his campaign, and a recent opinion poll shows 86% of the state’s voters support the idea. Walk's aim is to legalize use of medical marijuana by Nirmal Mitra, Asbury Park Press (NJ) A group of Libertarian Party members plans to set out today on a "Walk Across New Jersey" with a message for lawmakers: Legalize medical marijuana. ______________________________________________ MICHIGAN: Statewide Measure May Go Before Voters To date, five cities in Michigan – Ann Arbor, Detroit, Flint, Ferndale, and Traverse City – have passed voter initiatives supporting medical marijuana. The initiatives have not changed state law, but they send a message to the state’s lawmakers that it is time to act. A bill is currently stalled in committee. Enough signatures will send the initiative to the legislature for action; if they fail to pass it, the voters will decide the matter. Each of the city initiatives have passed by between 60-74%. Group launches medical-marijuana petition in Michigan Associated Press A group says it plans to collect 550,000 signatures within six months to get a medical marijuana initiative on next year's statewide ballot.

For immediate release: May 24, 2007 Contact: ASA Legal Campaign Director Kris Hermes at 510-251-1856 x307 or ASA Chief Counsel Joe Elford at 415-573-7842 Medical marijuana group moves to hasten outcome in federal lawsuit Patients file motion for summary judgment today to correct government misinformation San Francisco, CA – A national medical marijuana patients’ rights group filed a motion for summary judgment today in its lawsuit against the federal government in an attempt to accelerate a decision in the case. The plaintiff, Americans for Safe Access (ASA), filed a lawsuit in February 2007 challenging statements by the federal Department of Health and Human Services (HHS) and the Food and Drug Administration (FDA) that marijuana has no accepted medical value. The lawsuit followed a two-year administrative petition process using a little-known law called the Data Quality Act (DQA), which allows parties to challenge the science used in regulatory policy. By filing the motion for summary judgment, ASA will force the case to be heard in roughly 90 days. This rare legal move, where judgment is requested from the court before the government has a chance to answer the lawsuit complaint, indicates confidence in the amount of scientific evidence demonstrating marijuana’s medical efficacy. “We are taking an aggressive legal approach for two reasons,” said ASA Chief Counsel Joe Elford. “Not only do we believe we have science on our side, but by quickening the pace with which the federal government recognizes that science,, seriously ill persons who might benefit from medical marijuana will no longer be discouraged from using it.” The exhibits filed in support of the motion for summary judgment include more than a dozen domestic and international peer-reviewed scientific studies that show the effectiveness of marijuana in treating pain, nausea, muscle spasticity, and many other conditions. The evidence provided by ASA is meant to refute claims by the federal government that “there have been no studies that have scientifically assessed the efficacy of marijuana for any medical condition.” (66 Fed.Reg. 20038, 20052; April 18, 2001.) In addition to the overwhelming evidence, a lack of disputed facts will also help to secure a speedy decision by the court. The plaintiff’s case was affirmed by a recent editorial in Science Magazine, a publication of the American Association for the Advancement of Science, which posited that HHS had “violated its own DQA guidelines.” The Science editorial followed a February publication by the peer-reviewed journal Neurology of a human trials study in the U.S. clearly showing that marijuana relieved neuropathic pain in people living with HIV/AIDS. If successful, ASA’s case will be the first in which a court has recognized the necessity of reviewing disputes filed under the DQA. Two other courts have already denied review in lawsuits filed under the Act by large corporations. Review the Motion for Summary Judgment at http://www.safeaccessnow.org/downloads/DQA_Summary_Judgment_Motion.pdf. Review info on the Data Quality Act and ASA’s lawsuit against the federal government at http://www.safeaccessnow.org/article.php?list=type&type=160. # # # With over 30,000 active members in more than 40 states, Americans for Safe Access (ASA) is the largest national member-based organization of patients, medical professionals, scientists and concerned citizens promoting safe and legal access to cannabis for therapeutic use and research. ASA works to overcome political and legal barriers by creating policies that improve access to medical cannabis for patients and researchers through legislation, education, litigation, grassroots actions, advocacy and services for patients and the caregivers.

ASA ACTION: Defending Democracy in the Voting Booth ASA ACTION: Lawsuit Results in County Compliance FEDERAL: Rosenthal Medical Marijuana Retrial Begins COLORADO: Caregiver Test Case Going To Trial NEW JERSEY: Medical Marijuana Bill to be Introduced VERMONT: Expanded Protections Passes, Governor May Sign ILLINOIS: Lawmakers Squander Another Opportunity CALIFORNIA: Some Law Enforcement Continues to Resist DISPENSARIES: Oxnard, Petaluma, Mendocino, Claremont RESEARCH: Doctor Describes His Cannabis Education -------------------------------------------------------------------------------- ASA ACTION: Defending Democracy in the Voting Booth A judge is preparing to punish local officials for failing to preserve the integrity of election results, thanks to legal intervention by ASA. At issue is the recount of electronic ballots cast in a narrowly lost local medical marijuana initiative. Many election experts question the use of electronic voting machines because of concerns about verifying ballot counts. County ignoring court order calls for sanction EDITORIAL, The Argus It is the kind of mistake that makes you wonder. Alameda County officials refused to collect electronic ballots and internal logs in a disputed election even though a state appeals court had ordered them to do it. Now the county faces possible fines and legal sanctions. -------------------------------------------------------------------------------- ASA ACTION: Lawsuit Results in County Compliance Merced was one of the California counties that balked at implementing the state’s mandated medical marijuana ID card program. After county officials lost in state court, they reached an agreement with ASA, the ACLU and the Drug Policy Alliance to start the program within 60 days. San Diego and Riverside counties are appealing the court’s ruling, but ASA is confident that California’s medical marijuana law will be upheld again. Merced County issues first pot cards by Corinne Reilly, Merced Sun-Star (CA) After a year of debate, Merced County began issuing identification cards for medical marijuana users two weeks ago. But so far, just three people have signed up for the controversial program, county officials said. -------------------------------------------------------------------------------- FEDERAL: Rosenthal Medical Marijuana Retrial Begins ASA Chief Counsel Joe Elford convinced the judge to dismiss the bulk of the government’s new charges against author and advocate Ed Rosenthal, who grew marijuana for patients under the authority of a City of Oakland program. Federal prosecutors insisted on a retrial anyway, even thought they concede that Rosenthal can receive no penalty if convicted, since he’s already completed his sentence from the 2003 conviction. Attorneys say no one has ever been retried after the sentence has been served. Re-trial of `Ganja Guru' begins by Josh Richman, ANG Newspaper Ed Rosenthal grew and sold thousands of marijuana plants in Oakland over five and a half years in violation of federal law, a prosecutor told jurors today as the "Guru of Ganja's" retrial began. Assistant U.S. Attorney George Bevan even specified that the marijuana was supplied to "so-called marijuana clubs throughout the Bay Area" -- a reference to medical marijuana organizations where patients obtained the drug for use as permitted under state law, but unprotected under federal law. Retrial Of Marijuana Activist Begins by Bay City News, NBC 11 News A U.S. prosecutor told a federal jury in San Francisco today that Oakland marijuana activist Ed Rosenthal operated a large and sophisticated marijuana growing operation. Rosenthal, the author of more than a dozen books about marijuana, has claimed outside of court that he was growing starter plants for patients who need the drug under California's medical marijuana law. Ganja Guru Back in Federal Court Again by Marcus Wohlsen, Associated Press A prosecutor said Tuesday that a self-proclaimed "guru of ganja" grew and distributed thousands of marijuana plants out of a warehouse to supply area pot clubs. A lawyer for Rosenthal argued on Tuesday that her client was a prominent scientist, author and marijuana reform advocate who became a political target over his support for medical marijuana. Retrial Of 'Guru of Ganja' Ed Rosenthal Underway Associated Press The retrial of marijuana advocate Ed Rosenthal is underway in San Francisco. During opening statements this morning, the prosecution described Rosenthal as a person who ran a major marijuana growing operation. But Rosenthal's defense lawyer countered by saying he was a prominent scientist and medical marijuana advocate. Retrial for medical-pot advocate opens by Bob Egelko, San Francisco Chronicle The retrial of marijuana advocate Ed Rosenthal on federal cultivation charges opened today with his lawyer doing everything she could to make it clear to jurors that he had been growing cannabis for medical use, a subject the judge has put off-limits. Opening statements set for today in the retrial of marijuana advocate Ed Rosenthal Associated Press Opening statements are scheduled for today in the retrial of marijuana advocate Ed Rosenthal. The self-described "Guru of Ganja" is being retried in San Francisco federal court on five charges of marijuana cultivation and distribution. --------------------------------------------------------------------------------

FOR IMMEDIATE RELEASE: May 16, 2007 For more info, contact: Ken @ (609) 394-2137 Jim Miller to push wheelchair across New Jersey for Medical Marijuana WHAT: Wheel chair march across New Jersey to dramatize plight of patients who are suffering needlessly due to legislature’s failure to pass medical marijuana bill (S 88 & A 933). WHO: Jim Miller, co-founder of the Coalition for Medical Marijuana--New Jersey, Inc., and Libertarian Party candidate for state senate from 10th District. Libertarian Party members, patients and friends will join Mr. Miller at the start of the march. WHEN: Sunday, May 20, 2007 at 12 noon (start) through Tuesday, May 22, 2007, 11 a.m to 1 p.m. rally in Trenton (finish). WHERE: March starts at Captain Hooks Bar, 1320 Boulevard, Seaside Heights, NJ, crosses Rt. 37 Bridge and stops for lunch at The Pier, 3430 Rt. 37 east, Toms River. March proceeds to Rt. 9 to Rt 33 to Trenton. Jim Miller, the co-founder of the Coalition for Medical Marijuana--New Jersey, Inc., (CMMNJ) will once again push his wife, Cheryl’s memorial wheelchair across the state of New Jersey starting Sunday, May 20, 2007 at 12 noon in order to call attention to patients who are suffering needlessly because they are denied access to medically recommended marijuana. Cheryl Miller, who died in 2003 from complications of Multiple Sclerosis, was a medical marijuana user and a tireless advocate for the right of patients to use this drug. “Cheryl Miller died without ever being able to use marijuana legally in New Jersey, despite the fact that marijuana eased her muscle spasms more effectively than any other drug and did so safely and with minimal side effects,” said Ken Wolski, RN, Executive Director of CMMNJ. See www.cherylheart.org for more details. Jim Miller is also this year’s Libertarian Party candidate for state senator from New Jersey’s 10th District. Libertarian Party members, patients, and friends will accompany Mr. Miller on the first leg of his march, from Captain Hooks Bar, located at 1320 Boulevard, Seaside Heights, across the Rt. 37 bridge to The Pier restaurant in Toms River, where they will stop for lunch. For more details of this year’s march, see: http://www.njlp.org. Mr. Miller said it has been 14 years since the last time he pushed his wife’s wheelchair across New Jersey, in May 1993. This year, Mr. Miller is expected to arrive in Trenton on Tuesday, May 22, 2007 at approximately 11 a.m. There will be a rally on the steps of the State House in Trenton when Mr. Miller arrives, until 1:00 p.m. The Coalition for Medical Marijuana--New Jersey, Inc. is a non-profit educational organization. CMMNJ has public meetings on the second Tuesday of every month at the Lawrence Township (Mercer County) Library, from 7:00 PM until 9:00 PM. All are welcome. Light refreshments are served. For more info, contact: Ken Wolski, RN, MPA, Executive Director Coalition for Medical Marijuana--New Jersey, Inc. 844 Spruce St., Trenton, NJ 08648 609.394.2137 www.cmmnj.org [email protected]

ASA ACTION: Science Supports DQA Lawsuit ASA IN THE NEWS: Defending Election Fairness DISPENSARIES: Regulations Working in Many Cities RHODE ISLAND: Veto-Proof Margin for Medical Marijuana Bill MINNESOTA: Senate Passes Medical Marijuana Bill VERMONT: Medical Marijuana Law May Broaden ILLINOIS: Political Pressure for Medical Marijuana Bill NEW HAMPSHIRE: Locals Push for Legal Access TEXAS: Medical Marijuana Bill Considered CONNECTICUT: Massive Support May Spur Bill WASHINGTON: Medical Marijuana Law’s Limit Tested FEDERAL: California Dispensary Raid OREGON: Doctor Explains Medical Benefits CANADA: Activists Working Toward Better Policies _________________________________ ASA ACTION: Science Supports DQA Lawsuit The editorial in this week's edition of Science, the journal of the American Association for the Advancement of Science, supports ASA’s lawsuit asking for a correction of the misinformation about medical marijuana being spread by the Food and Drug Administration (FDA). Such mention in one of the world’s most prestigious scientific magazines would be noteworthy on its own, but it’s even more so when the author is also the former FDA Commissioner. EDITORIAL: Turning the Tables with Mary Jane by Don Kennedy, Editor, Science ASA finally brought its case to federal court, asking it to substitute for the agency's false statement one that says, "Adequate and well-recognized studies show the efficacy of marijuana in the treatment of nausea, loss of appetite, pain and spasticity." Will the judge make HHS change, giving ASA the injunctive relief it seeks? We'll have to wait to see whether this case turns the tables on DQA, but it's already clear that HHS has violated its own DQA guidelines--going, you might say, one toke over the line. _________________________________ ASA IN THE NEWS: Defending Election Fairness ASA’s litigation over a narrowly lost local medical marijuana initiative may result in fairer and more accountable election results. The ability to re-count ballots cast on electronic voting machines is at issue, and a judge is siding with ASA. Many election observers have questioned the reliability of such voting machines; a positive ruling helps protect basic democratic principles. Judge scolds county for loss of files by Ian Hoffman, ANG Newspapers A state judge chided Alameda County officials Friday for giving away the only internal electronic records of a contested election to Diebold Election Systems Inc., after an appeals court ordered the county to preserve the records. The judge's scolding came as a medical marijuana group, Americans for Safe Access, sought penalties against the county for getting rid of its touch-screen voting machines last summer without first downloading the electronic ballots and internal logs related to contested Measure R, a marijuana dispensary initiative Berkeley voters rejected in 2004.

Contact: Philippe Lucas, tel: 250-884-9821, E: [email protected] or Kirk Tousaw, tel: 604-836-1420, E: [email protected] In May of 2004, the Vancouver Island Therapeutic Cannabis Research Institute (VITCRI), a research and cultivation facility overseen by the Vancouver Island Compassion Society, was raided by the West Shore RCMP. Mat Beren and Michael Swallow were charged with multiple counts of cannabis production, and over 900 plants were seized and destroyed, temporarily leaving the critically and chronically ill members of the VICS without a safe source of medicine. The ensuing court case and Constitutional challenge - which is taking place from May 9th-18th in B.C. Supreme Court, 850 Burdett Avenue - will establish that the federal medical cannabis program is violating the constitutional rights of critically and chronically ill Canadians by a) unnecessarily restricting access to the program; b) supplying an inadequate source of cannabis; and c) instituting arbitrary limitations on production and distribution. "This ineffective, onerous and expensive program has long been an impediment to safe access" says Philippe Lucas, a medical cannabis user and founder of the VICS, "and clearly isn't protecting Canada's sickest citizens from arrest for their use of medical cannabis". The VICS legal team consists of Mr. John Conroy QC from Abbotsford, BC, and Mr. Kirk Tousaw. Witnesses for the defense include Senator Pierre-Claude Nolin (chair of the Senate Special Committee on Illegal Drugs), Dr. Robert Melamede (Biology professor at the University of Colorado, Colorado Springs). "We look forward to challenging the constitutionality of these regulations and demonstrating to the court that Health Canada is not meeting its obligations to Canada's critically and chronically ill", says Mr. Tousaw. If successful, this challenge will make the legal medical use of cannabis more accessible, and potentially legalize the community-based distribution of cannabis. A similar challenge in Ontario from 2003 resulted with the courts striking down the prohibition on the recreational adult use of cannabis in Ontario, thereby legalizing the personal use of cannabis for over 18 months. This case may lead to a similar outcome in B.C.

Dear Friends: At the last two hearings, on April 13 and 20, Judge Breyer urged the prosecutor to drop Ed Rosenthal's case. The judge was trying to prevent the feds from marching straight ahead into a quagmire, just like in Iraq. Using the same wisdom they have shown on other issues, they decided to forge ahead.

ASA ACTION: Challenging Butte County Ban FEDERAL: Public Health Official Fighting Forfeiture AUSTRALIA: Lawmaker to Introduce Medical Measure RHODE ISLAND: Legislature to Vote Soon MAINE: State Law May be Expanded

[Courtesy of David Steele] Subject: To Bernie's friends and family -- an update on his situation To everyone -- Bernie has asked me to communicate with all of you since he cannot do so himself. Last Tuesday, Bernie met with the staff of the halfway house to request permission to attend the "Save Bernie's Farm" benefit, being held to raise money to offer the government a settlement to drop their effort to confiscate his farm. Instead of receiving permission to attend, Bernie has been detained at the halfway house ever since. He has not been allowed to work and it looks like he will not be allowed to return to work (costing him $1,000 in salary). He will also not be allowed to attend his weekly support group and his monthly pass to visit his farm has been denied. He has been put on double work details at the "house", and his only opportunity to leave the "house" will be to attend church services at St. Ann's Episcopal Church (419 Woodland Street; he attends the 10:30 am service).