Appellate decision puts the ball in your court

January 22, 2013 | Don Duncan
The US appellate court in Washington, DC, denied our appeal to reschedule cannabis under federal law today, agreeing with the Drug Enforcement Administration's (DEA) position that "adequate and well-controlled studies" on the medical efficacy of medical cannabis do not exist. Americans for Safe Access (ASA) strongly disagrees with the court’s opinion. Our briefs referenced two hundred peer-reviewed scientific studies proving the medical value of cannabis.

The Obama Administration keeps changing the definition of medical efficacy.  Politics have trumped medical science on this issue. ASA can point to a research approval process for medical cannabis, controlled by the National Institute on Drug Abuse (NIDA), which is unique, overly rigorous, and hinders meaningful therapeutic research. ASA argued in its appeal brief that the DEA has no "license to apply different criteria to marijuana than to other drugs, ignore critical scientific data, misrepresent social science research, or rely upon unsubstantiated assumptions, as the DEA has done in this case."



The decision in Americans for Safe Access v. Drug Enforcement Administration is disappointing, but not the end of the road. ASA will seek an en banc review, asking all nine judges to review the two-to-one decision by a three-judge panel that heard oral arguments in October of last year. If the full nine-member panel does not reverse the decision, we will ask the US Supreme Court to hear the case. In the meantime, the ball is in your court. We must now turn to Congress to do what the courts have not. ASA is calling on patients and advocates to join us in Washington, DC, February 22-25, for our national conference and historic citizen lobby day.

The conference, called “Bridging the Gap between Public and Policy,” is a chance to network with other activists from around the country, attend panels and workshops to improve your skills and increase your knowledge, and to engage in direct citizen-lobbying efforts in the halls of Congress on Monday, February 25. Our goals are to bring medical cannabis into the mainstream political conversation in the nation’s capitol and to send an army of motivated and empowered activists back home to work at the local and state level. The courts may not be ready to acknowledge that cannabis is medicine – but we are going to be sure Congress and the Obama Administration get the message. Do not miss your chance to be a part of it. Register for the conference today!

ASA’s national conference is sponsored by the International Association of Cannabinoid Medicines, Patients Out of Time, the United Food and Commercial Workers Union, Veterans for Medical Marijuana Access, the American Herbal Products Association, and Students for Sensible Drug Policy. Scholarships are made possible by a generous matching funds contribution from Dr. Bronner’s Magic Soap.

See you in Washington, DC!
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