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ASA Activist Newsletter - JANUARY 2012
Volume 7, Issue 1
2011 YEAR IN REVIEWASA Sues to Stop Federal Interference![]() ![]() 'Medical cannabis patients are not exempt from federal laws, but the 10th Amendment forbids the federal government from using coercive tactics to commandeer the law-making functions of the state,' said ASA Chief Counsel Joe Elford, who authored the suit. Federal prosecutors have threatened state and local elected officials with criminal prosecution if they regulate medical cannabis distribution. They have also threatened to seize city buildings where licenses for dispensaries are issued or other medical cannabis regulations are administered. The four U.S. Attorneys in California have also targeted landlords who rent space to dispensing collectives, threatening them with criminal prosecution and asset forfeiture if they do not evict their tenants within 30 days. Prosecutors have also vowed to go after publications and other media that accept advertising promoting medical cannabis. ASA’s lawsuit acknowledges that the U.S. Supreme Court has ruled that federal prosecutors may bring charges against state-authorized medical cannabis patients and providers but distinguishes that from the commandeering of California’s legislative function. The lawsuit states that this commandeering and intimidation of state and local officials is a 'misuse of the government’s Commerce Clause powers, designed to deprive the State of its sovereign ability to chart a separate course, that forms the basis of plaintiffs’ claims.' More information: Text of ASA lawsuit |
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ASA Forces Answer on Rescheduling, Enabling Appeal![]() The appeal was filed just two weeks after an ASA lawsuit forced action from the government after a nine-year delay. ASA’s appeal argues that the government’s decision contradicts the scientific consensus on the medical value of cannabis and harms the millions of patients throughout the U.S. who might benefit from this uniquely safe and effective medicine. For more than 40 years the federal government has classified cannabis as a dangerous drug with no medical value, despite documented use in medicine dating back millennia, and hundreds of modern scientific studies showing its broad therapeutic applications. Since the CRC petition was filed in 2002, more studies and results from clinical trials have been published, including new research demonstrating its cancer-fighting properties. More information: ASA notice of appeal DEA answer to CRC petition CRC rescheduling petition (2002) White House scientific integrity memo |
ASA Builds Grassroots with Trainings and Online Tools![]() In February activists from coast to coast gathered for ASA’s first virtual conference, a two-day 'Activist Boot Camp' of trainings that combined a more than 300-page workbook of materials with informational DVDs. Virtual bootcamp participants from Denver to Detroit, Portland to Chicago, Las Vegas to St. Louis, learned about effective outreach, coalition building, leadership development, lobbying public officials, organizing protests and rallies, and working with the media. ![]() In response to ideas generated in the stakeholders’ meetings, ASA launched an online initiative to give advocates 24/7 access to lobbying tools, an information center, and tools for rapid response to federal raids. The Medical Cannabis Think Tank and Policy Shop provides the information and support activists need to analyze pending or proposed legislation and to lobby officials for the best laws possible. The ASA Online Training Center gives advocates access to all ASA’s training and educational materials, including streaming video presentations and comprehensive manuals and worksheets for developing advocacy skills. ASA also improved its Raid Response Center to better cope with federal interference, including how to prepare for and respond to law enforcement actions. In December the ASA App launched, putting a full range of ASA tools and information in the hands of advocates through iPhones and iPads. The app will be available on Android this spring. More Information: Think Tank & Policy Shop Online Training Center Raid Response Center ASA App for iPhone & iPad |
ASA Appeals Conviction of Dispensary Operator![]() Jovan Jackson was first tried and acquitted for distributing cannabis to patients in 2009, but he was charged again based on a subsequent raid of his facility the same year he was acquitted. In the second trial, the prosecutor convinced the judge to exclude all medical evidence, arguing California does not provide for storefront collectives. Denied a defense, Jackson was convicted and served 180 days in jail before being released on bail pending appeal. ASA has taken this potentially precedent-setting case because a handful of prosecutors in California are attempting to eliminate storefront collectives by claiming they are illegal -- despite case law to the contrary, the 2008 guidelines issued by then-Attorney General Jerry Brown, and court filings by one of the principal co-authors of the state’s Medical Marijuana Program Act. More information: Jackson appeal brief filed by ASA |
Trio of Medical Cannabis Bills Introduced in Congress![]() ![]() HR 1984, the Small Business Banking Improvement Act of 2011, would allow banks and other financial institutions to provide services to medical marijuana businesses without being subject to 'suspicious activity' reporting requirements. Several banks have closed the accounts of medical cannabis providers under pressure from the Department of Treasury. HR 1985, the Small Business Tax Equity Act of 2011, would change the federal tax code 'to allow a deduction for expenses in connection with the trade or business of selling marijuana intended for patients for medical purposes pursuant to State law.' The IRS has been aggressively auditing dozens of the most successful medical cannabis dispensing centers, disallowing their operating expense deductions and claiming back taxes. |
Federal Agency Recognizes Cannabis Fights Cancer![]() The NCI originally said that 'the health care provider may recommend medicinal Cannabis not only for symptom management but also for its possible direct antitumor effect.' That directly contradicts the federal government’s oft-repeated contention that cannabis has no medical use. The NCI website still notes that 'cannabis has been used for medicinal purposes for thousands of years,' and says people living with cancer may find cannabis effective for combating nausea, stimulating appetite, relieving pain, and improving sleep. It also classifies cannabis as a Complementary Alternative Medicine (CAM) and summarizes several decades of research on the potential role of cannabis and its constituent chemicals in cancer treatment. The antitumor effects of cannabinoids include reducing the spread of cancer cells, selectively cutting off the blood supply to tumors, and reprogramming malignant cells to die off. Researchers have demonstrated these effects on human cancer lines including skin, breast, bone, liver, adrenal, leukemic and brain cancers. More information: NCI web page on Cannabis |
Four States Petition to Reclassify Cannabis for Medical Use![]() ![]() Since then, Gov. Peter Shumlin (D) of Vermont has signed on and Colorado Gov. John Hickenlooper (D) filed a separate but similar request. Gregoire and Chafee were among the governors warned that their states employees would be at risk for criminal prosecution if they were in any way involved with licensing or regulating the distribution of medical cannabis to qualified patients. As a result, in April, Gov. Gregoire vetoed sections of a bill that would have permitted dispensaries in Washington because of federal threats, and in September, Gov. Chafee suspended implementation of the Rhode Island dispensary licensing law. |
Doctors Group Condemns Federal Cannabis Policy, Urges Rescheduling![]() The CMA said the current Schedule I status of cannabis has severely hindered researchers from establishing its full medical potential. The CMA notes that the easiest way to remove the barriers to research and treatment is to simply make all cannabis use and possession legal. |
Delaware and Maryland Join Medical Cannabis StatesLast year the governors of Maryland and Delaware each signed new medical cannabis measures into law that shield patients from criminal liability.![]() ![]() Counting Maryland, there are now 17 states plus the District of Columbia that give patients a legal right to cannabis. More information: Maryland SB 308 Delaware SB 17 |
DC & New Jersey Implementing Access in 2012In 2012, Washington, D.C. and New Jersey will finally implement their respective medical cannabis laws.The D.C. Department of Health will announce on Jan. 20 the cultivation centers eligible to register, determined by a merit-based system ASA helped establish. ASA also helped secure enhanced privacy protections, as well as a licensing board. ASA is working to expand the qualifying conditions, as only patients with HIV/AIDS, cancer, multiple sclerosis, and glaucoma will qualify under the current rules. ![]() Officials in several states received formal letters from federal prosecutors threatening criminal prosecution if they regulate the distribution of medical cannabis. Arizona, Rhode Island and Washington halted implementation as a result, while Delaware, Vermont and Maine forged ahead. |
Maine Defies Federal Threats, Expands Program![]() As the result of federal threats, lawmakers made the state patient registry voluntary and eliminated the list of qualifying conditions. Physicians may now recommend cannabis for any ailment that may be helped by it, and the state no longer collects information about those recommendations. Legal protections for medical cannabis patients were also expanded. Qualifying patients are now protected from arrest, and local governments are prohibited from adding restrictions. |
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