California Weekly Round Up
November 16, 2007
ASA Chief Counsel, Joe Elford, Argues in Federal Court on the Data Quality Act Case This week, ASA's Chief Counsel, Joe Elford, gave oral arguments in front of Federal Court Judge William Alsup in San Francisco. Mr. Elford gave arguments seeking an answer from the HHS regarding the Data Quality Act petition. ASA filed a Data Quality Act (DQA) petition on October 4, 2004, requesting that HHS correct its information being disseminated regarding the medical use of marijuana. The DQA requires federal agencies, like HHS, to ensure that the information it distributes is fair, objective and meets certain quality guidelines. After numerous delays, HHS denied ASA’s petition on April 20, 2005. ASA quickly filed an appeal, and after even more delays, on July 12, 2006, HHS denied the appeal. Having exhausted its administrative remedies, ASA filed a lawsuit on February 21, 2007, in U.S. District Court for the Northern District of California, naming HHS and FDA, and challenging the government’s violation of the Data Quality Act. An amended complaint was subsequently filed on August 17, 2007. Mr. Elford's arguments called for an answer from HHS in a timely manor. We expect a ruling from Judge Alsup within a few weeks. Mendocino County Supervisors Send Medical Marijuana Regulations Back to Committee This week, Mendocino County Supervisors voted to send the proposed medical marijuana regulations back to committee. The proposed dispensary regulations which were sent back to committee put a cap on only 2 dispensaries in the large county. It has also been criticized as having unattainable regulations which will put up roadblocks for providers and patients. The current draft of the regulations will be amended in the Criminal Justice Committee. Just two months ago, the CJ committee made recommendations to limit the number of plants a patient is allowed to have. In response, the same Board of Supervisors passed an ordinance calling for the county to honor the voters' wishes as specified in measure G and to keep the guidelines at 25 plants per patient. The Board of Supervisors rejected the Criminal Justice committee's recommendation to lower the County's limits to 6 mature and 12 immature plants. Activists in Mendocino County are hoping the Criminal Justice committee scraps the regulations all together. To find out how you can help in Mendocino County and ensure safe access, please contact Bruce at: MendoBruce@yahoo.com.