Medical Marijuana Advocates Launch New Election-Based Website

The medical marijuana advocacy group Americans for Safe Access (ASA) launched a new website today — VoteMedicalMarijuana.org
— that provides patients and their supporters with the tools they need
to make informed decisions about the candidates in their districts. The
new website will give visitors a pass/fail "grade" for how their Member
of Congress has voted on medical marijuana since 1997. For example, the
website details the 72 percent of Democrats and 29 percent of
Republicans who voted in favor of de-funding Drug Enforcement
Administration (DEA) raids in medical marijuana states this past May.

"Given that our elected officials decide whether and how to develop
medical marijuana policy that affects millions of patients in the U.S.,
it’s important for them to have the tools necessary to make decisions
that will impact their future," said Steph Sherer, Executive Director of
ASA, the country’s leading medical marijuana group. "The choices made
by patients and their supporters at the ballot box should take into
consideration the candidates’ record on medical marijuana."

Ultimately, advocates argue, it’s Congress that funds the aggressive
federal enforcement campaigns against state law-abiding medical cannabis
facilities, and it’s Congress that has the power to grant patients a
"medical necessity" defense in federal criminal trials, a right they are
not currently afforded. VoteMedicalMarijuana.org also identifies key
champions of medical marijuana with an "honor roll" distinction,
reserved for co-sponsors of important legislation that protects state
medical marijuana laws or seeks to develop a comprehensive federal
policy.

Conviction of pot dispensary manager thrown out

An appeals court on Wednesday
reversed the felony conviction of a former Kearny Mesa marijuana
dispensary manager who was found guilty of possessing and selling the
drug for profit.

The court found that the trial judge should not have barred Jovan
Jackson, 34, from arguing that his conduct was permitted under
California law, which allows medical marijuana patients to associate for
the purpose of

Jovan Jackson’s Conviction Reversed

Chalk up a victory for lawful medical marijuana patients today in
California. If you get busted running a collective, you should be able
to raise a medical marijuana defense in court.

According to a release from Americans for Safe Access, the Fourth District Court of Appeal for California issued a unanimous published ruling today that reverses the conviction of San Diego dispensary operator, Jovan Jackson.

Jackson

Medical marijuana: disabled veteran’s appeal could change US drugs policy

A disabled veteran has told an appeals court that the department
of veteran affairs policy on medical marijuana has caused him pain and
significant economic harm, in a development campaigners say is a
positive step in the battle to push for the drug’s reclassification.

Michael
Krawitz, one of five plaintiffs involved in a legal case before the
court of appeal for the District of Columbia Circuit, told the Guardian that the VA denied him pain treatment after they discovered he had been prescribed medical marijuana while abroad.

He
told the court in an affidavit that the withdrawal of care by the
department, which has rated him 100% permanently disabled and thus
eligible for all medical treatment under its auspices, has meant he now
has to travel 130 miles from his home to see a doctor for pain relief.

Krawitz,
49, who is the executive director of Veterans for Medical Marijuana
Access, said: "The bottom line is its unethical to take away someone’s
pain treatment. This conflicts with standards of medical care."

Krawitz
sustained his injuries in a car accident while serving in the US air
force, which has left him suffering debilitating pain.

The case,
the result of a long-standing battle by medical marijuana advocates to
reclassify the drug, is the first time in 20 years that scientific
evidence regarding the therapeutic benefits of cannabis will be heard by a federal court.

This
current case "looks more promising" than previous efforts, because of
the court’s focus on Krawitz and the request for more details, according
to the ASA.

Joe Elford, the chief counsel with ASA, said: "It clearly demonstrated that the court is taking this case very seriously."

"This is something that demonstrates real harm to a real individual and that individual is Michael Krawitz.

"He
is 100% disabled and supposed to get all his medical treatment from the
VA. But because of the VA’s policy on medical marijuana, which is
clearly motivated by the schedule 1 status, that cannot happen."

After
an initial oral hearing last week, the court ordered Americans for Safe
Access, a advocacy group for medical marijuana use and research to file
a brief in order to "clarify and amplify the assertions made [by]
Michael Krawitz regarding his individual standing", and to "more fully
explain precisely the nature of the injury that gives him standing".

ASA
said they hope that if they can demonstrate that Krawitz was harmed by a
federal policy that says medical marijuana has no medical value, they
may also get the court to rule on the merit of the case. In that case,
it would decide whether the scientific evidence is enough to reclassify
the drug from its current status as a schedule 1 substance

Musician Melissa Etheridge Supports Local Medical Marijuana Initiatives

Singer-songwriter Melissa Etheridge is voicing her support for three
medical marijuana initiatives that will appear on local ballots Nov. 6
in San Diego County, according to Citizens for Patient Rights.

The group announced the celebrity

AHPA Receives Americans for Safe Access Award

American Herbal Products Association (AHPA) received the Patient Partnership Award from Americans for Safe Access
(ASA) on Oct. 16. AHPA was honored with the award after developing
recommendations for medical cannabis regulation. In 2010, AHPA formed a
cannabis committee to establish responsible commercial guidelines, and
it has since worked closely with ASA.

ASA executive director Steph Sherer presented AHPA president
Michael McGuffin with the honor at ASA’s 10th anniversary dinner and
awards ceremony in Washington.

"AHPA has been working closely with ASA over the past year to
identify issues that need to be addressed to ensure safe patient access
to medical cannabis in the states where its use is allowed under state
law," McGuffin said. "Sherer has provided invaluable insight to AHPA’s
understanding of these issues and has been instrumental in organizing
this community."

Appeals Court Considers Marijuana Reclassification

More than 10 years after it was initially filed, the latest petition to remove marijuana from Schedule I
of the Controlled Substances Act is finally giving the herb its day in
court. The current classification lumps cannabis in with drugs such as
heroin, LSD and mescaline.

The District of Columbia U.S. Circuit Court of Appeals heard oral arguments
this week in the case of Americans for Safe Access v. Drug Enforcement
Administration, providing an opening for medical marijuana reform
advocates to challenge the conventional law enforcement contention that
marijuana has a

Feds put D.C. medical pot in a legal haze

While D.C. officials wait for six firms to grow medical marijuana in warehouses less than five miles from the White House, the role of cannabis in American life is taking center stage in political and legal bouts across the country.

The
city government is treading warily in its implementation of the
program, which voters approved in a 1998 referendum before congressional
interference and painstaking rule-making delayed it for more than a
decade. But the long-awaited debut of cultivation centers and
dispensaries in the District

Medical marijuana backers ask judges for looser regulation

The U.S. Drug Enforcement Administration
ignored research showing marijuana had legitimate medical uses when it
rejected efforts to reclassify the drug as a less harmful substance last
year, a lawyer for medical marijuana backers told a federal appeals
court.

Joseph Elford, a lawyer for Americans
for Safe Access, asked a three-judge panel in Washington today to order
the DEA to reconsider its decision to keep marijuana a Schedule I
narcotic, saying the agency’s ruling that there are no scientific
studies finding an acceptable medical use was arbitrary and capricious.

"There are over 200 studies that are adequate and well-controlled studies," Elford told the judges.

The case involves an 10-year-old petition from medical marijuana
advocates who asked the DEA to reclassify marijuana as a Schedule III,
IV or V drug, which would allow for looser regulation. On June 21, 2011,
the DEA rejected the request, stating that existing clinical evidence
wasn’t adequate to warrant reclassification.

The judges questioned whether the
medical marijuana patients and the advocacy group had the authority to
challenge the DEA’s decision. U.S. Circuit Judge Merrick Garland said
the court has limited authority to review it as long as the agency made a
proper showing of support for it.

"I’m trying to figure out what our standard of review is," Garland asked a lawyer for the Justice Department.
"Is there evidence to support the administration’s position that there
is no substantial evidence? That sounds funny." Lena Watkins, a lawyer
for the Justice Department,
said the studies cited by the marijuana proponents were rejected
because the research didn’t meet government standards. She said about 15
studies meet the standards, though the government doesn’t have the
final results yet.

The case is Americans for Safe Access v. Drug Enforcement Administration, 11-1265, U.S. Court of Appeals for the District of Columbia (Washington).

Medical Marijuana Advocates To Appeals Court: Drug Enforcement Administration ‘Acted Arbitrarily’

The Drug Enforcement Administration "acted arbitrarily and
capriciously" in denying a petition to reclassify cannabis as a less
harmful substance, a lawyer for medical marijuana advocates told a
federal appeals court on Tuesday.

Arguing on behalf of Americans for Safe Access, Joseph Elford called
on the court to force the DEA to reconsider its classification of
cannabis as a dangerous drug without therapeutic benefits, saying the
agency ignored 200 well-controlled studies showing cannabis has
legitimate medical uses.

At issue is a petition filed by public interest organizations back in
2002 that requested that cannabis — currently defined as a Schedule I
drug with "a high potential for abuse" and "no currently accepted
medical use in treatment" — be reclassified. For context, heroine and
LSD are classified alongside marijuana as Schedule I, while cocaine,
opium and methamphetamine are classified as Schedule II, meaning they
have "some accepted medical use."

Justice Department lawyer Lena Watkins said a DEA review found "no
substantial evidence" of acceptable medical use, adding that the agency
rejected the studies cited by Elford because they did not meet the
standard of double-blind FDA approval trials. Watkins said that the
results are still pending from 15 government-approved studies.

That, Elford countered, is because the agency is deliberately
"stymying" research. "DEA’s played a game of ‘gotcha,’" he told the
judges. "They won’t allow additional research to be conducted."

The case, Americans for Safe Access v. Drug Enforcement
Administration, was heard by a three-judge panel for the U.S. Court of
Appeals for the D.C. Circuit.