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Medical Marijuana

Act Now to Protect Medical Cannabis Patients

Act Now to Protect Medical Cannabis Patients:
Tell Your U.S. Representative to Support HR 2835!


Dear ASA Supporter,

On June 11, Representative Barney Frank (D-MA) and a small bi-partisan coalition of Members of Congress re-introduced HR 2835, the Medical Marijuana Patient Protection Act. The legislation will help protect individuals who use or provide medical cannabis in accordance with their state law.

Visit www.AmericansforSafeAccess.org/PatientProtectionAct to take action now!

If passed, this important legislation would, among other things, reschedule marijuana from a Schedule I to Schedule II drug according the Controlled Substances Act and provide clearer protections for qualified patients, their caregivers, and safe-access sites authorized by state or local law. Take action now to protect patients and their providers. Although similar versions of the bill have been introduced in previous Congressional terms, the Obama Administration's willingness to change federal policy on medical marijuana has created a new political context and may facilitate passage of this important legislation.

Currently the bill has only a dozen co-sponsors, which means there is plenty of work to be done!

Visit www.AmericansforSafeAccess.org/PatientProtectionAct to send an e-mail to your Member of Congress now. It's important to urge all U.S. Representatives to support the Patient Protection Act!

Thanks you for supporting ASA and our efforts to secure safe access for medical cannabis patients. Please forward this message to friends, co-workers, and family members to encourage them to join you in this nationwide movement to protect safe access!

Sincerely,

Caren Woodson
Director of Government Affairs
Americans for Safe Access

P.S. The only way we can continue to work on legislation like the Patient Protection Act is with your continued support. Become a member of ASA today!

Medical Marijuana: UCSF School of Medicine's Continuing Medical Education

Patients Out of Time's 2008 conference is now on the UCSF School of Medicine's Continuing Medical Education for physicians and other health care professionals to view and earn their continuing education units. Link: http://www.medicalcannabis.com/OnlineEducation/ PDF: http://medicalcannabis.com/Online%20Education%20UCSF%20PRINT.pdf Image: http://medicalcannabis.com/medical-education.html Direct Link: http://www.cecity.com/ce-bin/owa/bel?cc=CECA&aid=14422

MPP Condemns Prison Sentence for Medical Marijuana Defendant Charles C. Lynch

FOR IMMEDIATE RELEASE   
JUNE 11, 2009

MPP Condemns Prison Sentence for Medical Marijuana Defendant Charles C. Lynch

Law-Abiding Medical Marijuana Collective Was Licensed by City

CONTACT: Bruce Mirken, MPP director of communications, 415-585-6404 or 202-215-4205
                   Aaron Smith, MPP California policy director, 707-575-9870

LOS ANGELES, CALIFORNIA —The Marijuana Policy Project strongly condemned today's federal sentencing of Charles C. Lynch, a California medical marijuana provider who worked scrupulously to follow state and local laws but now faces one year and one day in federal prison.

    "Years from now, Mr. Lynch may well be remembered as the last American to go to federal prison for a mistake, the final victim of an already repudiated policy well on its way to the ash heap of history, but whose mean-spirited effects still linger," said MPP executive director Rob Kampia. "This sentence is a cruel and pointless miscarriage of justice. Mr. Lynch and his attorneys say they plan to appeal, and we hope they succeed. With federal law enforcement at the Mexican border so overwhelmed that traffickers coming through with up to 500 pounds of marijuana are let go, even one more penny spent persecuting a man who is not a criminal in any rational sense of the word is an outrageous waste of resources."

    In February, U.S. Attorney General Eric Holder announced that henceforth the Drug Enforcement Administration would only conduct enforcement actions against medical marijuana defendants who were violating both state and federal law, reversing the Bush administration's policy of ignoring state medical marijuana laws.

    Lynch's medical marijuana collective was licensed by the city of Morro Bay, and officials routinely inspected the facility to monitor compliance with state and local laws. But because federal law makes no statutory allowance for medical marijuana, all evidence related to California's medical marijuana law was barred from his trial.

    With more than 27,000 members and 100,000 e-mail subscribers nationwide, the Marijuana Policy Project is the largest marijuana policy reform organization in the United States. MPP believes that the best way to minimize the harm associated with marijuana is to regulate marijuana in a manner similar to alcohol. For more information, please visit http://MarijuanaPolicy.org.

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Americans for Safe Access: June 2009 Activist Newsletter

U.S. Supreme Court Affirms California Medical Marijuana Program

High Court Refuses to Hear County Challenge to State Law


In another landmark victory for the ASA legal team, the U.S. Supreme Court has said no to an attempt by a California county to overturn the state's medical marijuana law.

The case, brought by San Diego County and joined by two others, alleged that the federal prohibition of marijuana preempts the state law that allows legal access for qualified patients. County officials were resisting the legislature's mandate to implement a identification card program for medical marijuana patients.

"No longer will local officials be able to hide behind federal law and resist upholding California's medical marijuana law," said ASA Chief Counsel Joe Elford, who helped argue the case. "The courts have made clear that federal law does not preempt California's medical marijuana law and that local officials must comply with that law."

The San Diego Superior Court and the Fourth District Court of Appeals both rejected the argument, which was followed by the California Supreme Court's refusal to review the case in 2008. ASA filed a lawsuit in January against Solano County for its refusal to implement the state ID card program.

"This decision and our lawsuit against Solano will undoubtedly have an impact on the other 10 counties that have failed to implement the ID card program," said Elford.

Colusa, Madera, Mariposa, Modoc, Mono, San Bernardino, San Diego, Solano, Stanislaus, and Sutter counties have each been notified about their obligation to implement the ID card program.

ASA worked with the ACLU Drug Law Reform Project to litigate the San Diego case, with both organizations on the side of the California Attorney General defending the state's medical marijuana law. The County of San Bernardino joined San Diego County in its original lawsuit and the subsequent appeals.

The ID card program was established in 2004 with the legislature's passage of SB 420, the Medical Marijuana Program Act. The ID cards are intended to assist law enforcement identify qualified patients and protect those patients from wrongful arrest.

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ASA Defends Marijuana Seizure Ruling on Appeal

California Court Considers Law Enforcement Limits

The right of California patients to both organize collectives to grow medical marijuana and be protected from unreasonable search and seizure was defended by ASA last month before a state appeals court. Butte county officials are trying to overturn a lower court's decision that had removed restrictions the county had imposed on patient collectives.

"We're cautiously optimistic about the outcome," said ASA Chief Counsel Joe Elford, who argued the case. "The panel asked tough questions of the county and clearly understands that this is an important and interesting case for defining the limits and obligations of state medical marijuana law."

The case, Williams v. Butte County, involves a collective of seven patients who had pooled their labor and resources to maintain a 41-plant garden. But county policy required every member of the collective to live on the property or physically till the soil, a restriction not found in California law. So when the sheriff's department entered the property without a warrant and ordered the owner to tear down all but six plants for himself and six plants for his wife -- which he did under threat of arrest - ASA sued the county and won.

Butte officials are appealing the trial court's ruling that the Butte County policy is preempted by state law and that a patient may file a claim for unreasonable search and seizure in such a circumstance. The county is being supported before the Court of Appeal for the Third District by the California Peace Officers' Association, California Police Chiefs' Association, and California Sheriffs' Association, organizations that have filed amicus briefs arguing against patient rights in several ASA cases.

In addition to the question of whether county's can impose onerous restrictions on how collectives may operate, the court was concerned with when and how law enforcement may seize medicine.

The county argued that there is no restriction on seizures of marijuana by state officials, since it remains illegal under federal law. One of the justices commented that this would seemed to violate the spirit of Proposition 215 and asked whether the electorate would be "mystified" by a decision that would allow law enforcement to seize marijuana from patients without any restriction.

ASA argued that the California Supreme Court's opinion in People v. Mower that "probable cause depends on all of the circumstances, including one's status as a qualified medical marijuana patient" means that law enforcement must have probable cause to seize medicine from qualified patients.

Elford told the court that in this case there was neither probable cause nor a search warrant, and without any exigent circumstance to justify a warrantless seizure - the officer knew that Williams wanted to keep the marijuana and was not going to destroy it on his own -- there is no excuse for failing to get a warrant.

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ASA Chapter Profile: Honolulu, Hawaii

Since it was formed last September, ASA's Honolulu, Hawaii chapter has been growing steadily and gaining ground in the fight for medical cannabis patients rights. Honolulu ASA is the only advocacy group on the island which works exclusively for medical cannabis issues. In the past few months, Honolulu ASA has formed alliances with other advocacy groups on Oahu such as the Drug Policy Forum of Hawaii and the West Oahu Hope For A Cure.

Last month, the chapter gained a seat on Hawaii's statewide Medical Cannabis Task Force, which was established by the legislature on April 29th to look into the Hawaii program and make recommendations early next year. The director of the Honolulu chapter of ASA will represent ASA members throughout the state in the upcoming deliberations to make Hawaii's program a viable system, including the possible creation of a distribution system.

This is the first time that an ASA local chapter will have a seat on a statewide task force. This bill is now being sent over to the governor for her approval.

The Honolulu chapter has been growing rapidly, with membership recently reaching 100 members, thanks in part to a new partnership with a local physician. ASA Honolulu's goal is to eventually have every medical cannabis patient on the island of Oahu as an ASA member.

ASA Honolulu has established a relationship with Dr. Jimenez to have a presence in his Hawaii office as he is seeing new and re-certifying patients during his monthly visits to the island. This allows ASA an opportunity to introduce the organization to qualified patients and get them signed up as new members.

Dr Jimenez is also an ASA member and a member of the local chapter and has been added as the Medical Advisor to the chapter to assist in work on the Medical Cannabis Task Force. Dr. Jimenez is one of the primary medical cannabis recommendation physicians in Hawaii and California with approximately 11,000 current recommendations written.

This month, the Honolulu chapter will begin holding approximately 20 different "Cannabis Classes" to teach patients valuable tips and techniques for choosing, growing, cloning, harvesting, curing, and using their medication. They are also working out the details for weekend "Cannabis Camps" to be held at various beach parks on Oahu each year. These Cannabis Camps will offer ASA members additional opportunities for classes, fellowship with other patients, and entertainment while camping at a beautiful Hawaii beach. Members from other chapters are invited to attend these Cannabis Camps as an opportunity to further relationships between the chapters.

For more information about the Honolulu ASA chapter and the work that we have been doing in Hawaii, visit our chapter website at www.HonoluluASA.org or contact us by email at [email protected] or by phone at (808) 840-0229 or (808) 352-5815.

Press Release: House Appropriations Committee Seeks Clarification on Medical Marijuana Policy

FOR IMMEDIATE RELEASE   
JUNE 9, 2009   

House Appropriations Committee Seeks Clarification on Medical Marijuana Policy
Amendment Seeks Explanation in Light of Attorney General Holder's Recent Statements

CONTACT: Bruce Mirken, MPP director of communications ............... 202-215-4205 or 415-585-6404

WASHINGTON, D.C. -- In light of recent statements by Attorney General Eric Holder indicating that the Obama administration would not pursue prosecutions of individuals involved in medical marijuana activities sanctioned by state law, the House Appropriations Committee has added language seeking clarification of the new policy to the Commerce-Justice-Science appropriations bill.

     The language, sponsored by Rep. Maurice Hinchey (D-N.Y.), states, "There have been conflicting public reports about the Department's enforcement of medical marijuana policies. Within 60 days of enactment, the Department shall provide to the Committee clarification of the Department's policy regarding enforcement of federal laws and use of federal resources against individuals involved in medical marijuana activities."

     In past years, Hinchey and Rep. Dana Rohrabacher (R-Calif.) have sponsored an amendment aimed at ending Drug Enforcement Administration raids on state-legal medical marijuana patients and providers. But in recent months, Attorney General Eric Holder has disavowed any intent to pursue such attacks. Last week, Holder told KOB-TV in Albuquerque, "For those organizations that are doing so sanctioned by state law and do it in a way that is consistent with state law, and given the limited resources that we have, that will not be an emphasis for this administration. ... Medicinal marijuana ... that is something for the states to decide."

     "We are glad to see the federal government finally moving toward sanity on medical marijuana," said Marijuana Policy Project director of government relations Aaron Houston. "No one battling serious illness and following their state's laws should live in fear of our federal government, and we look forward to clear assurances that suffering patients will be left alone."

     With more than 27,000 members and 100,000 e-mail subscribers nationwide, the Marijuana Policy Project is the largest marijuana policy reform organization in the United States. MPP believes that the best way to minimize the harm associated with marijuana is to regulate marijuana in a manner similar to alcohol. For more information, please visit http://MarijuanaPolicy.org.

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ASA Sponsored Resolution Calls for Federal Change


Dear ASA Supporter,

California Senator Mark Leno (D-SF) introduced Senate Joint Resolution (SJR) 14 yesterday. This ASA-sponsored resolution calls on the President and US Congress to end medical cannabis raids in California and to "create a comprehensive federal medical marijuana policy that ensures safe and legal access to any patient that would benefit from it." If adopted, SJR 14 will be the first time a state legislature has officially called for a change in federal medical cannabis policies.

Please help ASA get SJR 14 adopted by making a special contribution of $100 today.

The President and US Attorney General Eric Holder have talked about a new federal policy concerning medical cannabis, but there is still a lot of work to do in defining what that policy will be. SJR 14 supports ASA's National Policy Agenda and is part of our strategic campaign to shape a more reasonable and compassionate federal policy - one that ensures safe and legal access for all patients nationwide.

The resolution calls on the President and the US Congress to (1) end federal raids, intimidation, and interference with state medical cannabis laws; (2) adopt policies and laws to encourage advanced clinical research trials into the therapeutic use of cannabis; (3) provide for an affirmative defense to medical cannabis charges in federal court; and (4) to create comprehensive federal medical cannabis policy that ensures safe and legal access for patients.

SJR 14 is an opportunity for the California legislature to influence the development of the new federal policy, defend the state's right to choose and regulate medical cannabis, and to defend the compassionate will of the voters. But, we only have a short time to get this resolution through committees and floor votes in the State Senate and Assembly.

Please support ASA by donating today so that we can get SJR 14 adopted right away!

Thank you for your help,

Rebecca Saltzman
Chief of Staff
Americans for Safe Access

P.S. For more information on SJR 14, visit www.AmericansForSafeAccess.org/SJR14

Press Release: After Making History in Senate, Medical Marijuana Bill Poised for House Floor Vote Later This Year

FOR IMMEDIATE RELEASE   
JUNE 1, 2009   

After Making History in Senate, Medical Marijuana Bill Poised for House Floor Vote Later This Year

CONTACT: Bruce Mirken, MPP director of communications ............... 415-585-6404 or 202-215-4205

SPRINGFIELD, ILLINOIS -- Although the clock ran out before it could be acted on by the Illinois House of Representatives this weekend, medical marijuana legislation is now well positioned for a House floor vote, possibly before the end of the year, advocates said today.

     Within 48 hours of passing the Senate 30-28, the Compassionate Use of Medical Cannabis Pilot Program Act had already soared through the House Human Services Committee and was ready for its final reading and vote on the House floor. Tax legislation, however, occupied all of the House's time in the session's final hours.

     "This bill gained more and more momentum at every stage of the legislative process, and I think the pace at which it moved is testament to the support it enjoys," said Rep. Lou Lang (D-Skokie), deputy majority leader and chief House sponsor of SB 1381. "Although today's top priority was the tax bill, I think the time has come for Illinois to enact a medical marijuana law. We just need to shore up a few votes before calling this bill to the floor."

     The measure could be brought to the House floor for a vote during the November veto session or when the General Assembly reconvenes in January 2010 for the second half of the current session.

     "Of course I'm disappointed," said Jamie Clayton of Grafton, an AIDS patient who participated in a groundbreaking FDA-approved study proving medical marijuana's efficacy in treating pain caused by nerve damage. "But the fact remains that we made it further than ever before. Hundreds of patients like myself came forward this year to plead with our legislators to enact this law, and we will not give up, ever. As someone who volunteered for a clinical study that proved the benefits of medical marijuana, I've felt the relief it can provide first-hand and learned how it can allow me to cut back on some of the prescription narcotics I have to take. A lot of people need this law, and we're not going away."

     With more than 27,000 members and 100,000 e-mail subscribers nationwide, the Marijuana Policy Project is the largest marijuana policy reform organization in the United States. MPP believes that the best way to minimize the harm associated with marijuana is to regulate marijuana in a manner similar to alcohol. For more information, please visit http://MarijuanaPolicy.org.

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Press Release: Medical Marijuana Bill Quickly Passes House Health and Human Services Committee

FOR IMMEDIATE RELEASE   
MAY 28, 2009   

Medical Marijuana Bill Quickly Passes House Health and Human Services Committee
Quick Approval Shows Surging Momentum

 

CONTACT: Bruce Mirken, MPP director of communications ............... 415-585-6404 or 202-215-4205

SPRINGFIELD, ILLINOIS -- In a move whose speed took even supporters by surprise, the House Health and Human Services Committee approved the medical marijuana bill passed by the full Senate yesterday. The committee had approved the House version of the bill earlier in the year, but needed to ok the Senate version, which had received several amendments.

     "I am delighted by the way this legislation has continued to pick up momentum," said Dan Linn, Executive Director of the Illinois Cannabis Patients Association. "Illinois voters overwhelmingly want to protect patients who need medical marijuana, and both houses of the legislature are hearing that message loud and clear."

     Julie Falco of Chicago, who uses medical marijuana to relieve the painful symptoms of multiple sclerosis and who has been advocating for medical marijuana legislation since 2004, said, "I want to personally thank all the members of the committee for listening to the patients who need this medicine and understanding why we don't have time to wait. We don't want to be criminals for simply trying to cope with our illnesses, and I truly believe this will be the year we finally get some relief."

     Swift committee passage is seen as greatly increasing the chances that the full House will act on the measure before the end of the legislative session May 31.

     With more than 27,000 members and 100,000 e-mail subscribers nationwide, the Marijuana Policy Project is the largest marijuana policy reform organization in the United States. MPP believes that the best way to minimize the harm associated with marijuana is to regulate marijuana in a manner similar to alcohol. For more information, please visit http://MarijuanaPolicy.org.

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Press Release: Medical Marijuana Supporters Vow to Keep Fighting After Veto

Minnesota Cares logo

FOR IMMEDIATE RELEASE   
MAY 22, 2009

Medical Marijuana Supporters Vow to Keep Fighting After Veto

2010 Constitutional Amendment Likely

CONTACT: Former Rep. Chris DeLaForest (R-Andover)......................................................(763) 439-1178

ST. PAUL, MINNESOTA -- Supporters of medical marijuana legislation declared their intention to continue the fight to protect patients despite Gov. Tim Pawlenty's veto of the bill tonight, raising the possibility of a constitutional amendment on the 2010 ballot.

     Before passing the legislation, the House amended it to greatly narrow its scope. The ability of patients to grow their own medical marijuana was removed, and the bill was narrowed to cover only patients suffering from terminal illnesses.

     "I'm disappointed in the governor's action, but I'm not giving up," said Rep. Tom Rukavina (DFL-Virginia), sponsor of the House bill. "This would have been the narrowest, strictest medical marijuana law in the country, but the bottom line remains that there are patients suffering terribly who need protection, and I won't stop till they are protected."

     "For the governor to veto this legislation even after the House narrowed it so much that thousands of suffering patients would have been without protection is just unbelievably cruel," said Senate bill sponsor Sen. Steve Murphy (DFL-Red Wing). "Since the governor has refused to listen to reason or to the overwhelming majority of Minnesotans, we have no choice but to bypass him and take this directly to the people through a constitutional amendment."

     "The governor thinks I'm a criminal for allowing my daughter some comfort during the last months of her life," said Joni Whiting of Jordan, whose adult daughter's suffering was relieved by medical marijuana while she was undergoing treatment for the melanoma that eventually killed her. "I don't know how he sleeps at night, but I do know I'm not giving up until others in my daughter's situation are protected."

     Thirteen states, comprising approximately one-quarter of the U.S. population, now permit medical use of marijuana under state law if a physician has recommended it.

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Minn. governor vetos medical marijuana bill

Dear Friends:

Minnesota Gov. Tim Pawlenty (R) today vetoed the medical marijuana bill just passed by the Minnesota Legislature.

MPP has been lobbying in Minnesota for five years, pushing our medical marijuana bill closer and closer to passing. The Senate passed our bill on May 4, and on Monday, the House followed suit … the first time a medical marijuana bill has been debated on the floor of the Minnesota House in history.

However, because the governor had been threatening a veto, the House narrowed the scope of the bill, hoping to find common ground with the governor and start protecting Minnesota's patients from arrest and jail. The final version of the bill was watered down beyond what any medical marijuana advocates wanted to see — in its ultimate version protecting only terminally ill patients.

And yet disgustingly, the governor still vetoed it, while simultaneously claiming that he “has great empathy for the sick” … the same sick and dying people he has now sentenced to arrest and jail.

Disgusted? Me too.

It's not going to end here. Every recent poll shows that Minnesotans support medical marijuana by a 2-to-1 margin, and if the governor won't listen to them, we can bypass him entirely. In Minnesota, constitutional amendments bypass the governor and are instead ratified by voters after passing the legislature. We can lobby next year to pass a constitutional amendment for a comprehensive medical marijuana law that would appear on the state's November 2010 ballot.

But that would mean going from our lobbying campaign in the legislature — which was expensive but affordable — to a ballot initiative campaign, which would require statewide advertising, which is much more expensive. What do you think? Should we should stand up and fight? Taking the battle to the next level will cost more but would be the only way forward.

If you're outraged by the governor's cruelty and want to gird for the next stage of battle, can you help us show the governor and other prohibitionists like him that their time is past? We can win — just like we've won in other states  — but we need your help to do it.

Thank you,

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 $2.35 million that MPP can raise from the rest of the planet in 2009. This means that your donation today will be doubled.

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