Organizations

Late last week, Congress passed a measure involving the FDA that did not include a dangerous amendment that could have undermined the 12 state laws that are protecting medical marijuana patients from arrest and jail.

The FDA bill’s passage marks the defeat of the greatest threat the medical marijuana movement has ever faced.

The threat was in the form of an amendment that was authored by U.S. Sen. Tom Coburn (R-Okla.) and attached to the Senate version of the FDA bill back in April. The House thankfully omitted Sen. Coburn’s amendment from its version of the FDA bill, and the final bill that President Bush is expected to sign also did not include Sen. Coburn’s amendment.

This victory is the result of MPP’s tireless work on Capitol Hill — and your calls, e-mails, and faxes to your members of Congress. Also important were the behind-the-scenes calls from major MPP allies to key members of Congress.

If you haven’t yet made a donation to MPP this year, would you please consider giving $10 or more today to support our important work in Congress?

The defeat of Sen. Coburn’s amendment feels really, really good. He is perhaps the number-one opponent of medical marijuana in the U.S. Senate; for example, last year he told MPP’s lobbyist that “marijuana is not a medicine, and the doctors and scientists who say it is one are smoking it themselves.”

Sen. Coburn's amendment was a thinly veiled attempt to undermine the medical marijuana laws in 12 states — Alaska, California, Colorado, Hawaii, Maine, Montana, Nevada, New Mexico, Oregon, Rhode Island, Vermont, and Washington — by placing them under the authority of the FDA (in addition to the DEA), while not providing the same approval process for marijuana as for other drugs seeking FDA approval as prescription medicines.

If the Coburn amendment had become law, a federal agency could have sued, say, the Oregon government for the purpose of persuading a federal judge to shut down Oregon’s medical marijuana ID card program that has done so much to protect more than 10,000 patients in the state.

MPP and its allies on Capitol Hill successfully worked with members of the House and Senate to remove the offending provision from the final version of the bill — making new legislative allies in the process. The House passed the final FDA bill on Wednesday, and the Senate passed it on Thursday.

Again, this success would not have been possible without your support — in the form of contacting your legislators, and in the form of financial contributions. Influence in Congress is not easily gained.

Please make a donation to MPP today so that we can continue to push forward with ending marijuana prohibition in this country.

Just today, the FBI released its annual Uniform Crime Reports, which documented that our nation just hit a new all-time high for marijuana arrests in the U.S. — 829,627 arrests by local and state police (not the feds) in 2006 alone. That’s one marijuana arrest every 38 seconds.

Your support is clearly needed more than ever. Please give now.

Thanks for your support.

Sincerely,

Rob Kampia
Executive Director
Marijuana Policy Project
Washington, D.C.

P.S. As I've mentioned in previous alerts, a major philanthropist has committed to match the first $3.0 million that MPP can raise from the rest of the planet in 2007. This means that your donation today will be doubled.

P.P.S. You can opt out of receiving fundraising mentions in the e-mail alerts I send you in 2007 by visiting www.mpp.org/2007optoutpreference at your convenience.

• FEDERAL: Medical Marijuana Patient Must Return to Prison
• WISCONSIN: State Measure Introduced Again
• NEW YORK: Medical Marijuana Bill Moving Forward
• FEDERAL: Targeting of Patients Continues, Condemned
• WASHINGTON: Advocates Want Local Interference Stopped
• CALIFORNIA: Plant Count An Issue in Arrest
• DISPENSARIES: Locals Debate Access as Nation Watches
• CANADA: Patient’s Case Challenges Registration Requirement

FEDERAL: Judge Says Patient Must Return to Prison

A California medical marijuana patient is being sent back to jail to finish a 10-year sentence. Shortly after voters legalized medical use in the state, Bryan Epis began cultivating marijuana for himself and a handful of other qualified patients. Federal prosecutors claimed he was a drug dealer hoping to get rich; defense attorneys say they lied and misrepresented evidence at trial. Epis was released from prison after the Ninth Circuit Court of Appeals found in favor of medical marijuana patients in the Raich case, but now a judge says he has to go back and serve his original term.

Same term for medical pot grower
by Denny Walsh, Sacramento Bee (CA)
For the second time in five years, Bryan James Epis, the first person associated with a California cannabis buyers' club to be tried in a federal court for growing marijuana, was sentenced Friday in Sacramento to 10 years in prison.

WISCONSIN: State Measure Introduced Again

For the fifth year in a row, the Wisconsin state legislature is taking up the question of whether medical marijuana patients should be prosecuted for following their doctors’ advice. Polling shows that more than 75% of Wisconsin voters think access to medical marijuana should be legal. Lawmakers will again have the chance to bring public policy into line with public opinion.

Medical cannabis supporters unite
by Cara Harshman, Badger Herald (WI)
Is your medicine legal? Jacki Rickert’s isn’t. The Wisconsin mother joined two state legislators and other medical marijuana supporters Tuesday for a press conference to announce the introduction of new medical marijuana legislation.

Their medicine's not legal yet
by Jackie Johnson, Wisconsin Radio Network
Two state lawmakers introduce comprehensive medical marijuana legislation, called the "Jacki Rickert Medical Marijuana Act."

In Politics: For the Health of It
by Doug Hissom, On Milwaukee Magazine
Some state legislators are trying the get Wisconsin out of the mainstream when it comes to pot laws. The latest effort is being billed as "the most comprehensive medical marijuana legislation to date," according to bill sponsors, state Reps. Frank Boyle (D-Superior) and Mark Pocan (D-Madison).

Just a bill: Medical marijuana
by Stacy Forster, Milwaukee Journal-Sentinel
People with debilitating medical conditions would have access to marijuana under a bill introduced by Democratic Reps. Mark Pocan of Madison and Frank Boyle of Superior.

Boyle reintroduces medical marijuana bill
KUWS radio (WI)
Using marijuana for medical relief will be proposed again in the Wisconsin legislature again this session. Mike Simonson reports from Superior.

NEW YORK: Medical Marijuana Bill Moving Forward

The state Assembly has already passed a bill to remove criminal penalties for medical marijuana patients in New York. Now the state Senate is considering a different version of the bill, one that could render the law unworkable. The tactic has drawn the condemnation of at least one editorial board.

NY State Sen. Morahan backs medical pot stance
by Matt King, Times-Herald Record (NY)
Days after medical marijuana advocates took out an ad targeting state Sen. Thomas Morahan, he reaffirmed his support for a bill allowing doctors to prescribe the drug for seriously ill patients.

Baloney on medical marijuana
EDITORIAL, Times Herald-Record (NY)
There's a trick politicians use when they want to appear to be in favor of some issue that has strong public support. They craft legislation that suggests support but include a provision they know the other political party won't go for.

• ASA ACTION: Defense of Patient Collectives Advances
• DISPENSARIES: Kern and San Mateo Counties Hear from Patients
• CALIFORNIA: Collective Garden Uprooted, Patient Protests
• ILLINOIS: Senator’s Support for Medical Marijuana Lacks Action
• FEDERAL: Why Conservatives Should Defend Medical Marijuana
• RHODE ISLAND: More Patients Served in Law’s Second Year
• COLORADO: Activist-Patient Lobbies for Support
• FEDERAL: Lies to Doctor Backfire on DEA
• CALIFORNIA: Another County Implements ID Cards
• CANADA: Health Officials Try to Limit Doses

ASA ACTION: Defense of Patient Collectives Advances

Butte County, California has tried to limit patients’ ability to organize as collectives, but ASA is fighting that in court, arguing that county policy does not conform with state law. A win for patients would mean that the most seriously ill would have better access, since the policy being challenged prevents those who cannot actively participate in a growing collective from receiving medicine from it.

Ruling allows medical pot lawsuit to proceed
by Terry Vau Dell, Chico Enterprise-Record
A Superior Court judge has ruled law enforcement response toward medical marijuana co-operatives or collectives in Butte County is out of step with state law. Joe Elford, chief counsel for Americans for Safe Access, the medical marijuana advocacy group that filed the lawsuit, cheered the pretrial ruling.

DISPENSARIES: Kern and San Mateo Counties Hear from Patients

Recent federal raids in both Kern and San Mateo counties have created a crisis of access for many patients in those communities. Local officials are being asked to stand up for their constituents and find ways to ensure the safe access that state law says is a patient’s right. ASA activists in San Mateo were instrumental in getting their local representatives to look at the issue, calling council members and supervisors, sending hundreds of e-mails, and organizing activists to testify at meetings.

Medical pot advocates ask county to help
by Jason Kotowski, Bakersfield Californian
Medical marijuana advocates packed Tuesday night's meeting of the Kern County Human Relations Commission to ask the county to intercede and protect pot dispensaries. Life's been tough since every medical marijuana dispensary in the county closed after federal drug raids at one of the shops, advocates told the commission.

Kern County Human Relations Meeting to discuss medical pot
KGET - TV
Local medical marijuana patients plan to speak out about the recent raids that shut down several dispensaries around town.

San Mateo County may regulate pot dispensaries
by Michael Manekin, San Mateo County Times (CA)
Two weeks after the DEA raided three San Mateo medical marijuana dispensaries that the county district attorney said violated state law, the County Counsel's office is preparing guidelines for the distribution of medical marijuana.

Advocates urge San Mateo to adopt pot resolution
by Michael Manekin, San Mateo County Times (CA)
Medical marijuana patients and advocates, upset over the federal raid and shutdown of three medical cannabis dispensaries in downtown San Mateo last week, turned out en masse for a Tuesday night San Mateo City Council meeting.

Laguna Hills approves ban on medical marijuana dispensaries
by Alejandra Molina, Orange County Register (CA)
Laguna Hills leaders on Tuesday passed a permanent ban on medical marijuana dispensaries.

CALIFORNIA: Collective Garden Uprooted, Patient Protests

At least one patient has stepped forward to publicly protest the destruction of a cannabis garden in Northern California, saying six of the 100 plants were his. Under state guidelines, all counties must allow any qualified medical marijuana patient to cultivate at least six mature plants. Many patients band together to grow their medicine at common locations for better management of the plants.

Agents destroy pot garden; user says drug prescribed
by Ryan Sabalow, Redding Searchlight-Record
Federal agents raided a 100-plant garden on property along Backbone Ridge near here Wednesday, outraging at least one area man who claims the feds destroyed his medicinal marijuana, which is legal under California law.

ILLINOIS: Senator’s Support for Medical Marijuana Lacks Action

When Illinois Senator Richard Durbin, who holds the key leadership position of Assistant Majority Leader, stated his support for legal access to medical marijuana, many patients and advocates took heart. But at least one editorial board wondered why Congress continues to authorize raids on medical marijuana patients and those who care and provide for them.

Medicinal marijuana laws far too hazy
EDITORIAL, Daily Illini
In an interview with the Associated Press last week, Illinois Senator Dick Durbin came out in favor of changing federal law to allow physicians to prescribe medicinal marijuana to their patients. While Durbin reiterated that this is not exactly high on his priority list and that he has no specific plans to bring it up in Washington, one wonders how much the federal government needs to be involved in the first place.

FEDERAL: Why Conservatives Should Defend Medical Marijuana

The Republican Party’s turn toward Federalist principles of state sovereignty and a more limited central government has had effects on many areas of American life. But not all are enthusiastic about defending state laws that protect medical marijuana patients from being jailed for following their doctors’ advice. This commentator notes a curious lack of consistency.

Federalism should extend to marijuana raids
by Radley Balko, Polico.com
If ever there were an issue for which federalism would seem to be an ideal solution, it’s the medical marijuana issue, which touches on crime, medical policy, privacy and individual freedom — all the sorts of values-laden areas of public policy that states are best equipped to deal with on a case-by-case basis, and for which a one-size-fits-all federal policy seems particularly clunky and ill-suited.

RHODE ISLAND: More Patients Served in Law’s Second Year

The scientific consensus about the therapeutic potential of cannabis is compelling, but nothing shows better than the experience of patients the importance of making access to medical marijuana safe and legal, as Rhode Island has done. The patient perspective is conveyed particularly well in this week’s article from the Providence Journal.

For more than 300 Rhode Islanders, marijuana provides legal relief
by Amanda Milkovits, Providence Journal (RI)
Rhode Island's new state law, called the Edward O. Hawkins and Thomas C. Slater Medical Marijuana Act, allows patients with debilitating medical conditions, such as cancer, HIV and multiple sclerosis, to possess up to 12 marijuana plants and 2.5 ounces of marijuana. As of early last month, 302 patients and 316 caregivers were enrolled in the program, according to the state Department of Health. A total of 149 physicians in Rhode Island have referred patients to the program.

Patients Say Marijuana Law a Success
Associated Press
Medical marijuana users say Rhode Island's law leaves gray areas, but they're content nonetheless.

COLORADO: Activist-Patient Lobbies for Support

One of the medical marijuana patients active in the Frontrange chapter of ASA has been pressuring medical organizations to support safe access. The ASA activist has also petitioned the Colorado health department to expand the list of conditions for which cannabis may be legally recommended.

Local man tangles with American Cancer Society, police in his campaign to promote medical marijuana
by J. Adrian Stanley, Colorado Springs Independent
American Cancer Society officials didn't waste any time removing medical marijuana activist Matthew Schnur from their local event in August.

FEDERAL: Lies to Doctor Backfire on DEA

When undercover federal agents were turned away from a California medical marijuana dispensary because they did not have valid doctors’ recommendations, the DEA fabricated identities and medical conditions for them, so they could trick a local cannabis specialist into giving them recommendations the dispensary could verify. When the DEA then raided the dispensary and the doctor discovered that he’d been duped, he filed suit, alleging the government had violated the US Supreme Court’s Conant decision, which protects doctors who recommend cannabis from federal interference.

Doctor's suit progresses: Judge decides First Amendment suit in pot sting has merit
by Ryan Sabalow, Redding Record Searchlight
A federal judge rejected a government move to throw out a First Amendment lawsuit filed by a Redding doctor caught up in a sting against a local medical marijuana dispensary.

Will Snoops Get Stopped?
by Fred Gardner , CounterPunch
U.S. District Judge Lawrence K. Karlton has denied the Drug Enforcement Administration's motion to dismiss a civil suit brought by Philip A. Denney, MD. The case will be tried in June 2008 in Sacramento. Denney is seeking to enjoin government agents from infiltrating a medical practice under false pretenses.

CALIFORNIA: Another County Implements ID Cards

In 2003, the California legislature directed county health departments to provide medical marijuana patients who want them with ID cards that both protect them from arrest and allow law enforcement to better identify qualified patients. But there was no deadline for when the ID cards should be made available, so some counties have been slower than others to get with the program.

Monterey County Begins Distribution Of Medical Marijuana Cards
The KSBW Channel
Medical marijuana cards are now available in Monterey County. Monterey County joined the statewide medical marijuana identification card program for those who have a doctor's note to use the drug.

CANADA: Health Officials Try to Limit Doses

Doctors and medical marijuana patients in Canada are under pressure from federal officials to limit the amounts being prescribed and used. One patient notes that officials never asked about her prescriptions for heroin or cocaine they way they are going after her cannabis use.

New dosage limits for medical marijuana: But where's the science?
by Pauline Comeau, Canadian Medical Association Journal
New evidence-based guidelines are urgently needed to help doctors negotiate Canada's hazy medical marijuana landscape, particularly in light of Health Canada's efforts to impose new dose limits, say the nation's leading cannabis researcher and doctors who have been queried about their marijuana authorizations.

MORE ABOUT AMERICANS FOR SAFE ACCESS

Find out more about ASA at AmericansForSafeAccess.org. More medical marijuana news summaries can be seen at AmericansForSafeAccess.org/News.

As you may know, a major philanthropist has committed to match the first $3 million that MPP can raise from the rest of the planet in 2007.

This means that the $1,802,152 in donations that we have received from the 5,523 people who have donated so far this year will be doubled.

But as you can see, we are still a ways off from meeting the $3 million challenge — $1,197,848 off, which means that we need to raise $10,890 every day from today through the end of the year to make our goal.

So if you’re one of the approximately 94,500 people on this e-mail list who hasn’t yet given to MPP this year, please make a donation today, because we need your support to finance the following projects that we’re paying for this fall ...

 - Signature drives to place medical marijuana initiatives on the ballot in Arizona and Michigan, as well as assisting the Committee for Sensible Marijuana Policy with raising funds for a signature drive to place a marijuana "decriminalization" initiative on the ballot in Massachusetts. All three initiatives will be voted on in November 2008.

 - The launch of a new Outreach Department at MPP, which will use creative “viral marketing” techniques on the Web to attract new activists and donors from across the country to MPP’s ranks.

 - A new full-time staffer in our D.C. headquarters to organize our growing grassroots network in 50 congressional districts, with the goal of securing a record 190 votes for our medical marijuana legislation on the House floor next summer ... which would position us to pass the legislation in 2009, soon after a new president and Congress take office.

 - A new full-time staffer in California to help pass legislation in Sacramento to legalize the sale of medical marijuana statewide — landmark legislation that has never before been passed.

 - A full-time staffer in New Hampshire who is heading up a large team of voters to influence all presidential candidates to take public, positive positions on medical marijuana. So far, we’ve garnered positive positions in favor of medical marijuana access from all eight Democratic candidates and two of the nine Republican candidates.

 - A new TV/radio advertising campaign in Alaska to build on the existing level of support for taxing and regulating marijuana like alcohol. Support for such a proposal is already ahead by a 53% to 42% margin (with 5% undecided) — the highest level of support in any state — but we need to increase the public’s support to beyond 60% in order to safely pass a ballot initiative to end marijuana prohibition entirely. This has yet to be done anywhere in the world, and we hope to do it in the next few years.

We’re at a critical juncture in our work, and we have a lot of expenses right now. Would you please help by making a donation today? Anything you can give will help us meet the matching challenge ... that is, your donation will be doubled.

Thank you for considering this request.

Sincerely,

Rob Kampia
Executive Director
Marijuana Policy Project
Washington, D.C.