Medical Marijuana

PRESS RELEASE

Americans for Safe Access
For Immediate Release: October 7, 2011
Contact: ASA Media Liaison Kris Hermes or ASA Chief Counsel Joe Elford

Patient Advocates Accuse Obama of Hypocritical, Aggressive Policy on Medical Marijuana
Millions of taxpayer dollars spent undermining state and local medical marijuana laws

Sacramento, CA -- The Obama Justice Department (DOJ) held a press conference in Sacramento today announcing an array of enforcement actions against medical marijuana producers and distributors as well as landlords throughout California. Patient advocates are calling President Obama's enforcement effort harmful and unnecessary, representing a stark contradiction to his pledge of disengagement in medical marijuana states. The DOJ claimed it was carrying out civil and criminal enforcement actions against medical marijuana providers and sending "warning" letters to property owners leasing to dispensary operators.

"Aggressive tactics like these are a completely inappropriate use of prosecutorial discretion by the Obama Administration," said Joe Elford, Chief Counsel with Americans for Safe Access (ASA), the country's largest medical marijuana advocacy group. "President Obama must answer for his contradictory policy on medical marijuana." On the campaign trial and in the White House, President Obama pledged that he was "not going to be using Justice Department resources to try to circumvent state [medical marijuana] laws."

This attack is the latest in a long line of federal intimidation tactics employed over the past few months by such agencies as Housing and Urban Development (HUD), the Federal Deposit Insurance Corporation (FDIC), the Internal Revenue Service (IRS) and the Department of Justice (DOJ). President Obama's DOJ has conducted well over 150 federal raids in at least 7 states since taking office and his U.S. Attorneys sent letters earlier this year threatening local and state officials in 10 states with criminal prosecution if they adopted proposed medical marijuana laws.

By sending threatening letters to landlords, President Obama is taking a cue from his predecessor George W. Bush, whose Justice Department sent similar letters to more than 300 property owners throughout California in 2007. Despite the seriousness of letters sent by the DOJ under Bush, no criminal or forfeiture enforcement actions were ever pursued. It's unclear if the federal government has the resources or inclination to act on these new threats in a significant way, but for the price of postage they have engaged in wholesale intimidation of the medical marijuana community.

Advocates argue that states should be allowed to enforce their own public health laws, including those concerning medical marijuana. "It is unconscionable that the federal government would override local and state laws to enforce its will over the will of the people," said ASA spokesperson Kris Hermes. "States must be allowed to enforce their own laws without harmful interference from the Obama Administration." California Attorney General Kamala Harris was apparently not warned by the DOJ about the heightened federal enforcement effort before today.

The DOJ enforcement effort comes as hundreds of demonstrations against Wall Street are continuing to occur across the country. These protests are, at least in part, questioning the federal government's allocation of limited resources. Meanwhile, President Obama has chosen to expend federal resources to crack down on medical marijuana in states that have legalized its use. "By shutting down dispensaries, the Obama Administration is not only pushing legal patients into the illicit market," continued Hermes, "it's also wasting taxpayer dollars at a time of fiscal crisis."

Further information:
Redacted example of U.S. Attorney letter to landlords of California medical marijuana dispensaries: http://AmericansForSafeAccess.org/downloads/US_Attorney_Landlord_Letter.pdf

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With over 50,000 active members in all 50 states, Americans for Safe Access (ASA) is the largest national member-based organization of patients, medical professionals, scientists and concerned citizens promoting safe and legal access to cannabis for therapeutic use and research. ASA works to overcome political and legal barriers by creating policies that improve access to medical cannabis for patients and researchers through legislation, education, litigation, grassroots actions, advocacy and services for patients and the caregivers.

Drug Policy Alliance

How Accurate is Cannabis Testing? Ring Test Assesses the Labs

California NORML Release - Sep. 26, 2011

How Accurate Is Cannabis Potency Testing? California NORML and Project CBD release the results of the first "Ring Test" to assess the accuracy of analytical laboratories

Mixed findings show strengths and problems among analytic testing services

In the winter of 2010/11, California NORML and Project CBD initiated a "Ring Test" to assess the accuracy of the numerous analytical cannabis testing laboratories that have recently emerged to serve medical marijuana collectives, breeders, growers and patients.

Results of the study, which was coauthored by California NORML director Dale Gieringer and Dutch scientist Dr. Arno Hazekamp, are reported in the Autumn 2011 issue of O'Shaughnessy's, the Journal of Cannabis in Clinical practice on pages 17-18, posted at:

http://www.canorml.org/RingTestOShaughnessys_Aut11.pdf

"We embarked on a parallel study of cannabis testing labs to shed light on a significant, unresolved issue within the fledgling medical marijuana industry in California and other states," says Gieringer, "We wanted to know how reliable is the information provided by analytical cannabis labs? Are they adequately serving the needs of medical marijuana patients and providers?"

Ten cannabis labs in two states agreed to participate in an anonymous, side-by-side study to assess the accuracy and precision of their collective work. The participating labs employed a variety of analytical techniques and instrumentation to conduct their analysis.

Six samples drawn from the same sources were tested by each lab: four herbal samples, including one CBD-rich strain, and two tinctures (alcohol extracts).

Results of the Ring Test

- In most cases, lab results were consistent to within plus or minus 20% on replicate samples (and often within 10%). For example, a sample with 10% average THC content might range from 8% to 12% in different tests.  This is similar to the accuracy of the government's potency testing program run by NIDA's lab in Mississippi, as well as comparable government-regulated industries such as environmental testing. Conclusion: The precision and proficiency of a majority of cannabis testing labs compared favorably to other analytical testing industries.

- While a majority of labs performed within acceptable limits, some reported results that deviated substantially from the average, with unacceptable deviations of more than 25% from the mean. Three of the ten labs performed unacceptably on half of the tests. Conclusion: Not all cannabis testing labs are performing up to par; consumers are well advised to check the reputations and professional experience of labs they work with, and to arrange backup tests from more than one lab where accuracy is essential.

- Both gas chromatography (GC) and liquid chromatography (LC) instrumentation yielded accurate results in testing of raw cannabis samples, with comparable and acceptable repeatability for identical samples. Conclusion: Both GC and LC instrumentation should be considered reliable for cannabis potency analysis.

- In the case of the tinctures (alcohol extracts), there were significant discrepancies in the results found by different labs, with GC generally reporting significantly higher potencies than LC. This made it impossible to reliably estimate the actual potency of the original samples. Conclusion: More work is required to assess the accuracy of current methods for testing cannabis tinctures, edibles and other extracts.

- No analytical testing lab demonstrated precision that supports reporting cannabinoid results to two decimal places. By unnecessarily reporting results to the one-hundredth percentile, some labs created an unrealistic illusion of precision that raises false expectations regarding the degree to which accuracy is possible, given the 20% variation observed. Conclusion: Labs should re-evaluate the precision level at which results are reported.

The Project CBD / CA NORML Ring Test report is accompanied by a list of ten questions that patients and providers might want to ask when choosing to work with an analytical testing lab.

"Analytical labs provide an important service for the medical marijuana community," says Sarah Russo, Project CBD's outreach coordinator. "We hope that cannabis labs, while competing for market share, will cooperate to improve their methods and maintain a high performance standard. Medical marijuana patients and providers would be well served by labs that share information and assist each other in a collegial manner."

For more information contact: Dale Gieringer at California NORML, [email protected] or Project CBD,[email protected]