Pages tagged "Rescheduling"

  • We're Making a Difference… Help ASA Keep the Momentum!



    Last week, Americans for Safe Access (ASA) filed a lawsuit challenging the Obama Administration's attempt to subvert local and state medical cannabis laws. Our lawsuit argues that the Tenth Amendment forbids the federal government from using coercive tactics to commandeer the law-making functions of the states. The public and media response has been impressive. We have received hundreds of messages of support, new members have joined ASA, and the national media coverage has been positive. Thank you to everyone who already spoke up and helped out!

    But we can’t stop there! ASA still needs your support to keep the momentum going in the right direction. Can you make a one-time or recurring donation to help us keep pushing back?


    Earlier this year, ASA filed another lawsuit in federal court challenging the unreasonable delay in the federal response to the nine-year old cannabis rescheduling petition. Rescheduling cannabis under federal law is an important step towards making it legally available for research and therapeutic use. The Drug Enforcement Administration (DEA) promptly responded by denying the petition. ASA already filed a notice of appeal in this case, and will file the appeal brief challenging the DEA’s rescheduling decision very soon. Our appeal could lead to the first evidentiary hearings on the medical value of cannabis in federal court since 1994.

    We are also working to put direct political pressure on the Obama Administration. Federal and state lawmakers are already responding to ASA’s call for opposition to the federal crackdown and a change in federal law. US Congressmen Dana Rohrabacher (R-CA) and Sam Farr (D-CA) spoke up early in the crackdown, and more recently, seven other Members of Congress joined them in signing an ASA-inspired letter to President Obama calling for rescheduling. In California, Senators Mark Leno (D-SF) and Leland Yee (D-SF), Assembly Member Tom Ammiano (D-SF), California Attorney General Kamala Harris, and several local elected officials have already spoken publicly in opposition to the crackdown. You can expect to see even more support like this, as ASA mobilizes our national grassroots base to visit state and federal representatives in their district offices nationwide.

    We need your help to keep up this campaign. Can you make a special contribution to help right now? You can make your support more affordable by making smaller monthly contributions!

    We can fight back against federal attacks on safe access. With your help, we can fight in federal court, galvanize support among state and federal representatives, and be sure the national media is telling the patients’ side of the story. Thank you to everyone who has joined ASA and contributed already. If you have not, now is the time.

    Be sure to read more about ASA’s rescheduling letter signed by nine Members of Congress and elected officials opposing the federal crackdown on ASA’s blog. And check out some of the great media coverage… here, here, and here.
  • Members of Congress Urge President Obama to Reschedule Cannabis



    Today, in a joint effort between Congressional Representatives and Americans for Safe Access, several members of Congress sent a letter to President Obama expressing "concern with the recent activity by the Department of Justice against legitimate medical cannabis dispensaries in California that are operating legally under state law." The letter, headlined by Representatives Sam Farr (D-CA) and Dana Rohrabacher (R-CA) and signed by Representatives Mike Thompson (D-CA), Jared Polis (D-CO), Pete Stark (D-CA), Steve Cohen (D-TN), Barbara Lee (D-CA), Lynn Woolsey (D-CA), and Bob Filner (D-CA), noted that California was only the latest state hit in the federal government's campaign against medical marijuana.
    This year alone has seen aggressive SWAT-style federal raids in at least seven medical marijuana states, as well as threats of criminal prosecution by U.S. attorneys against local and state public officials. It is our strong position that local and state governments must be allowed to develop, implement and enforce their own public health laws with regard to medical cannabis.

    The members of Congress further stated that:
    [I]t is more urgent now than ever to reschedule marijuana as a legitimate controlled substance for medicinal purposes.

    Specifically, they requested that the Obama administration either reschedule cannabis as a Schedule II or Schedule III drug or that they publicly support the adoption of legislation that would remove cannabis from its current place in Schedule I. The letter comes on the heels of the Department of Justice's most recent attempt to circumvent California's 15 year old medical cannabis law.

    In the beginning of October, California's four U.S. attorneys sent letters to at least 16 landlords and property owners who rent buildings or own land where dispensaries provide safe access to medical cannabis, notifying them that they were violating federal drug law. The letters warned that the dispensaries must shut down within 45 days or the landlords and property owners will face criminal charges and confiscation of their property - both real and personal - even if they are operating legally under the state's medical cannabis law.

    This latest instance of federal interference is in stark contrast to the spirit if not the precise letter of the Obama Administration's policy on medical cannabis and though the DOJ is now claiming that President Obama had no prior knowledge of these latest enforcement tactics, the signers of the Farr-Rohrabacher letter urge the President to show respect for patients and their providers by changing federal policy and providing them with safe access to their medicine rather than pushing them back into the illicit market. Whether or not their pleas fall on deaf ears remains to be seen.
  • California Medical Association Says U.S. Has “Failed Public Health Policy” on Medical Marijuana, Urges Rescheduling



    The first broad marijuana policy statement by a state medical association has become a hot topic of conversation, repeatedly referring to the current federal approach as a “failed public health policy.” Indeed, the October 14, 2011 official policy statement by the California Medical Association (CMA) is gathering significant interest from medical marijuana advocates as well as the broader reform movement. While certain portions of the statement focus on full legalization, the CMA has geared its policy recommendations for those in Washington with the power to reschedule medical marijuana under the Controlled Substances Act (CSA).

    The prevailing theme of the CMA policy is that marijuana’s current placement under Schedule I of the CSA has directly and severely hindered researchers from fully establishing marijuana’s medical value. Specifically, the CMA states without equivocation that:
    [C]annabis must be moved out of its current Schedule I status.

    Notably, the CMA points out that Schedule I classification of cannabis is the principle reason the growing body of international evidence in favor of medical marijuana’s efficacy has been limited in the U.S. to approximately one dozen clinical trials. The CMA ultimately recommends that:
    Rescheduling cannabis will allow for further clinical research to determine the utility and risks of cannabis.

    By urging the federal government to reclassify marijuana out of Schedule I, the CMA are in effect stating that marijuana does in fact have medical value. While some may choose to play up the reference to “risks,” the CMA was confident enough in medical marijuana’s safety to have issued an August 2011 “Physician Recommendation of Medical Cannabis,” which provides guidance to doctors on how they may treat their sick and dying patients with medical marijuana. In other words, the CMA has asserted that marijuana, even in the absence of FDA approval, is safe enough for physicians to recommend to their patients.

    The CMA policy recommendation to reclassify marijuana is one that ASA not only supports, but has also been actively working to implement. As part of the Coalition for Rescheduling  Cannabis (CRC), ASA has appealed a July 2011 denial by the DEA of the CRC rescheduling petition. With this policy statement by the CMA, patients and advocates have gained an important champion on the critical issue of federal rescheduling of marijuana. The question now becomes, will Washington officials listen to doctors' orders?
  • DOJ memo sends a chilling message

    [caption id="attachment_1678" align="alignnone" width="275" caption="Deputy US Attorney General James Cole"]
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    In a move that impacts hundreds of thousands of medical cannabis patients nationwide, the US Department of Justice (DOJ) sent a chilling message tonight to state and local officials who are seeking to implement medical cannabis laws and to those trying to provide legal medicine: You may be prosecuted.  In a memo to US Attorneys nationwide, US Deputy Attorney General James Cole said that
    Persons who are in the business of cultivating, selling or distributing marijuana, and those who knowingly facilitate such activities… are subject to federal enforcement action, including potential prosecution. State laws or local ordinances are not a defense to civil or criminal enforcement of federal law… Those who engage in transactions involving the proceeds of such activity may also be in violation of federal money laundering statutes and other federal financial laws.

    Americans for Safe Access (ASA) is calling on members and supporters to get ready for a large-scale national response to the DOJ threats that could stymie implementation of state and local laws and make getting medicine harder. We have to let President Obama know that federal interference and intimidation hurts patients – and we expect him to do better!



    Preventing state and local governments from regulating medical cannabis activity is counterproductive and harmful to legal patients, most of whom cannot or will not grow their own medicine. Without anywhere to obtain their doctor-approved medicine, hundreds of thousands of legal patients are left to fend for themselves and are pushed into the unregulated illicit market. That is not what voters and lawmakers intended when they adopted medical cannabis laws in seventeen states and the District of Columbia.

    The threat of using money laundering and other federal financial crimes is particularly onerous in the current political landscape. Under pressured federal pressure, many banks are denying services to medical cannabis providers; and the IRS is auditing providers in California and Colorado using antiquated codes designed to penalize drug cartels. Fanning these flames only makes menaingful regulation harder. Why not let legislation sponsored by US Representatives Jared Polis (D-CO) and Pete Stark (D-CA) address these issues without intimidating lawmakers, regulators, tax collectors, providers, and others?

    This long-awaited clarification from the DOJ upholds the recent status quo of aggressive enforcement against state and local medical cannabis laws, in direct contradiction to Obama's comment on the campaign trail that he was "not going to be using Justice Department resources to try to circumvent state laws." Until states and localities have the ability to adopt and enforce their own laws regarding the production and distribution of medical cannabis, federal interference and intimidation will continue to undermine the rights of the very patients the DOJ purports to recognize.

    We can do better than the same old federal posture. President Obama should end the criminal prosecution of medical cannabis providers who are obeying state law and cooperate with state and local officials trying to implement rational, compassionate policies. A good first step would be to respond to the nine-year old rescheduling petition that seeks to remove medical cannabis from Schedule I of the Controlled Substances Act. The President could also support legislative efforts to harmonize federal law with the laws of the states where medical cannabis is legal. Support for US Representative Barney Frank’s (D-MA) HR 1983 would go a long way towards bridging the federal divide and reassuring state and local officials that it is OK to implement the law. It may also help persuade legal patients and providers that it is OK to obey it.