- About About
Medical Patient Resources Becoming a State-Authorized Patient Talking to your doctor The Medical Cannabis Patient’s Guide for U.S. Travel Patient's Guide to CBD Patient's Guide to Medical Cannabis Guide to Using Medical Cannabis Condition-based Booklets Growing Cannabis Cannabis Tincture, Salve, Butter and Oil Recipes Leaf411 Affordability Program Tracking Treatment & Gathering Data with Releaf App Medical Professional Resources CME for Medical Professionals Cannabis Safety Medical Cannabis Research
- Legal Legal
Advocacy ASA Chapters Start an ASA Chapter Take Action Campaigns No Patient Left Behind End Pain, Not Lives Vote Medical Marijuana Medical Cannabis Advocate's Training Center Resources for Tabling and Lobby Days Strategic Planning Civics 101 Strategic Messaging Citizen Lobbying Participating in Implementation Movement Building Organizing a Demonstration Organizing Turnout for Civic Meetings Public Speaking Media 101 Patient's History of Medical Cannabis
Policy Model Federal Legislation Download Ending The Federal Conflict Public Comments by ASA Industry Standards Guide to Regulating Industry Standards Recognizing Science using the Data Quality Act Fact Sheet on ASA's Data Quality Act Petition to HHS Data Quality Act Briefs ASA Data Quality Act petition to HHS Information on Lawyers and Named Patients in the Data Quality Act Lawsuit Reports 2020 State of the States Medical Cannabis Access for Pain Treatment Medical Cannabis in America
- Join Join
Recognizing Science using the Data Quality Act
Published in 2008
The federal government, and the U.S. Department of Human Services (HHS) in particular, refute the medical benefits of marijuana and disseminate information to the public that marijuana has no medical value. The problem is that the federal government is basing its position on inaccurate and incomplete information about marijuana's medical efficacy. There exists more than enough evidence domestically and internationally to show that marijuana has benefitted countless people in the U.S. and elsewhere in the world.
ASA launched a legal challenge to HHS in October 2004 to correct published medical marijuana misinformation under the Data Quality Act (DQA), a little-known law that requires federal agencies to rely on sound science. The DQA requires federal agencies, like HHS, to use reliable science when making regulations and disseminating information.
On April 20, 2005, HHS denied ASA's petition, but we quickly filed an appeal. After eight letters of delay, HHS finally denied ASA's appeal in July 2006. ASA has since filed a lawsuit in federal court seeking judicial review of the decision by HHS to deny the ASA petition. That lawsuit was dismissed because the district court found that the Data Quality Act does not provide for judicial review, which prompted ASA to appeal the case to the Ninth Circuit Court of Appeals. The case is now fully briefed and was argued on April 14, 2009. If we prevail with our DQA lawsuit, HHS and the federal government will have to change its position on medical marijuana and publicly admit that marijuana is now routinely used for medical treatment, clearing the way for doctors to prescribe it to their patients.
Review ASA's DQA petition, the delay letters from HHS and the government's denial of the petition and appeal here.
Fact Sheet on ASA's Data Quality Act Petition to HHS
Data Quality Act Briefs
ASA Data Quality Act petition to HHS
Information on Lawyers and Named Patients in the Data Quality Act Lawsuit