Medical Marijuana
Press Release: Report: Federal Monopoly Obstructs Medical Marijuana Research, Conflict of Interest by University of Mississippi Professor Exposed
MPP moves medical marijuana bills forward in Illinois, Minnesota, New Hampshire, and New York
Dear Friends:
MPP is moving medical marijuana bills forward in Illinois, Minnesota, New Hampshire, and New York, with very real chances of each passing this year. This would be the most progress we've ever made in state legislatures in a single year ⦠and if all four bills pass, a full 38% of Americans would live in states with medical marijuana laws (up from 25% currently).
This spring, MPP needs to keep pushing hard to propel these bills to passage. Would you please consider automatically donating $5 or more on your credit card each month to support our long-term state legislative efforts?
- In Minnesota, MPP's medical marijuana bill has made significant progress: The bill was recently passed by the toughest committee it had to face in the Minnesota House, despite local law enforcement's efforts to stop it. The bill is now on the brink of being sent to the full House for consideration â and on the Senate side, it's heading for a vote from the full Senate, where its chances of passing are strong.
- In Illinois, for the first time ever, a medical marijuana bill passed out of the House committee, and we expect the full Senate to vote on the bill within weeks. We have legislative leadership on our side: Last year's Senate sponsor is now the Senate president, the current Senate sponsor is a former prosecutor, and the primary House sponsor is the deputy majority leader.
We have a real shot of enacting the law this year, but we don't yet have all the votes we need. We've generated more than 1,500 calls from supporters, put up hundreds of yard signs, and generated more than 1,300 e-mails to legislators. We need to ramp up the pressure with TV ads and even more grassroots support, but we need to raise the funds to do it. You can watch a video of some of the patients who are counting on our help here. - In New Hampshire, for the first time ever, a medical marijuana bill has passed the House. The bill, sponsored by a legislator who is a former medical marijuana patient herself, passed with 63% of the vote. MPP has retained a top lobbying firm and funded a skilled grassroots organizer who has debated the attorney general's office, generated compelling patient testimony, and mobilized hundreds of supporters. Now, the bill will make its way through the Senate.
- In New York, in both 2007 and 2008, the state Assembly overwhelmingly passed MPP's medical marijuana bill, but the Senate's then-Republican leadership refused to bring it to a vote. However, control of the Senate has shifted to the Democrats, who overwhelmingly support the bill, so we're pushing hard to get it passed. Additionally, virtually the entire state medical community, including the state medical society, nurses' association, and the deans of the state's medical schools, support medical marijuana access. And 76% of New Yorkers also support the bill, including 55% of Conservative Party members (the state party to the right of Republicans).
As you can see, MPP has been extremely busy â and making progress â this legislative session. Our lobbying efforts in Minnesota, Illinois, New Hampshire, and New York are costing quite a bit of money, but it's all paying off. Would you please donate today so we can continue pushing hard in these states?
Make a one-time donation to our work
Become a monthly pledger to provide us with ongoing funding for our work
Together, we're on the path to victory, but we need your help to keep going.
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.
Americans for Safe Access: Monthly Newsletter
Medical Marijuana Advocates Get Calif. DMV Change
Qualified Patients No Longer Subject to Arbitrary License Revocation
The ASA legal team saw the fruits of another big victory for patients in March, when the California Department of Motor Vehicles (DMV) issued a new policy on driver's licenses that ends discrimination against state medical marijuana patients.
ASA Chief Counsel Joe Elford
As of March 2, the DMV Driver Safety Procedure Manual now says that "use of medicinal marijuana approved by a physician should be handled in the same manner as any other prescription medication which may affect safe driving." The change means that medical marijuana use now "does not, in itself, constitute grounds for a license withdrawal action," as it had in the past.
The change in DMV policy stems from a lawsuit filed by ASA on behalf of Rose Johnson, 53, whose driving license was revoked because she uses medical marijuana on the advice of her doctor. Despite having driven for 37 years without an accident or a ticket, the DMV revoked Johnson's license last July. According to the DMV, Johnson was no longer able to safely operate a motor vehicle "because of...[an] addiction to, or habitual use of, [a] drug." Their evidence? Her doctor's recommendation for medical marijuana.
ASA filed suit on Johnson's behalf in November, and DMV announced their new policy in January, before her case was heard. Johnson was given a driving test, which she passed, and DMV reinstated her license.
"The new DMV policy is a significant change," said ASA Chief Counsel Joe Elford, who handled the action. "Drivers will no longer have their licenses suspended or revoked simply because of their status as medical marijuana patients."
ASA had reports that the DMV had targeted medical marijuana patients in at least eight California counties, including Alameda, Butte, Contra Costa, Glenn, Merced, Placer, Sacramento, and Sonoma. License suspensions and revocations by the DMV were done under cover of calling the drivers "drug abusers," though they were based on nothing more than the person's status as a state-qualified medical marijuana patient.
"This DMV policy change represents a victory for patients, which puts us closer to full implementation of California's medical marijuana law," said Elford.
Lynch Seeks Leniency Based on New Federal Policy
New comments on medical marijuana from the U.S. Attorney General have prompted a federal judge to grant a reprieve to a California man awaiting sentencing.
Charles Lynch cuts the ribbon
The judge wants to hear if there are policy changes at the Department of Justice that would affect whether Charles Lynch, 46, should serve the mandatory minimum six years in federal prison for operating a medical cannabis dispensary. Defense attorneys have asked that he be sentenced to time already served, the four days he was held before posting bond.
Lynch was scheduled to be sentenced March 23, but his attorneys now have until April 30 to find and present evidence of new federal policy. The Morro Bay man, who was convicted in August 2008, has become a symbol of the Bush Administration's attempts to thwart state medical marijuana programs. Many patients and advocates have been pushing the public debate on this high-profile case and talking to the media, but among the most effective has been a member of LA ASA, Cheryl Aichele.
"Cheryl has become more and more active during this case," said ASA Field Director George Pappas. "She may be new to advocacy, but she's shown what determination and energy can accomplish."
Lynch has appeared recently on 20/20, on MSNBC, and is the focus of a Reason TV documentary with Drew Carey. Lynch is scheduled for Larry King Live the week of April 6.
"Mr. Lynch is a victim of an outdated federal approach to medical marijuana, which has changed under the Obama Administration," said Joe Elford, ASA Chief Counsel. "If President Obama recognizes the injustice of federal raids on medical marijuana dispensaries, then Lynch should serve no more time than he already has."
President Obama said on the campaign trail that he would change federal policy on medical marijuana, but his administration has been slow to announce what that will mean. Under questioning from the press, Attorney General Eric Holder has now said that the Department of Justice will no longer prosecute medical marijuana patients and providers unless they are violating both federal and state law.
By all accounts, Lynch was scrupulous in his adherence to both state law and local ordinance, obtaining business licenses and permits, and even joining the Morro Bay Chamber of Commerce. Though Lynch was prevented from presenting a defense based on compliance with state law or serving a medical need, his trial established that he even asked the DEA how to provide medicine to patients legally.
Lynch's medical marijuana dispensary, Central Coast Compassionate Caregivers, was raided by DEA agents in March 2007. He reopened, but closed after being threatened with forfeiture of his property. Two months later, Lynch was charged in federal court with multiple felonies related to possessing and distributing marijuana.
Since the 2005 U.S. Supreme Court decision in Gonzales v. Raich, which re-established the ability of federal agents to arrest and prosecute medical marijuana patients and providers, more than a half-dozen federal defendants have been found guilty at trial and sentenced up to 20 years in prison, despite being in compliance with local and state laws. More than two dozen federal medical marijuana cases are currently being prosecuted.
"It's time for the Obama Administration to act on its commitment to change federal medical marijuana policy," continued Elford. "Pending federal cases should be moved to state court, where juries can hear the whole truth."
The April 30 sentencing hearing for Charles Lynch will be at U.S. District Court, Courtroom 10, 312 North Spring Street, Los Angeles.
Patients and Officials Protest Raid
Within days of Attorney General Eric Holder saying there is "a new American policy" on medical marijuana, DEA agents were again storming a California dispensary.
Though the indictment and evidence remain under seal, an unidentified official leaked word that the raid was justified because of unpaid state sales taxes. Holder had said that his department would go after only those who violate both federal and state law.
Within minutes of the raid starting, protestors alerted by ASA's emergency text message system had surrounded the dispensary. ASA and other advocates immediately called on local officials to take action, and within hours Assemblymember Tom Ammiano had issued a statement denouncing the raid. A statement from California's chief tax officer, Betty Yee, followed, saying that Emmalyn's was current on its tax payments. Other officials also denounced the raid, including Supervisor Chris Daly, in whose district Emmalyn's is located.
"I support safe and adequate access for all patients in the city," Daly said. "I condemn any force which is used to disrupt or prevent patients from accessing their medicine."
Emmalyn's was operating prior to San Francisco's 2006 development of a dispensary ordinance, and has been providing medical marijuana to thousands of patients in the city without incident. The dispensaryâs attorney is Terence Hallinan, the former San Francisco District Attorney.
"There is no evidence that I'm aware of that my client is in violation of state or local law, or is errant in paying sales tax to the state," said Hallinan. "This is a slap to President Obama's face by DEA."
Medical marijuana advocates say that state law should be left to state officials.
"Medical marijuana patients and providers deserve a chance to defend themselves under state and local law," said ASA spokesperson Kris Hermes. "That's not possible once the federal government gets involved."
In recent years, the DEA has conducted more than 150 medical marijuana raids, the vast majority of which have been in California.
Lanny Swerdlow, a dedicated activist, licensed registered nurse, and talk-radio host, runs multiple monthly meetings of Marijuana Anti-Prohibition Project (MAPP), an ASA Affiliate in Southern California's Inland Empire. And he and MAPP are achieving real success.
Lanny Swerdlow
Working jointly with the Riverside County Dept. of Public Health, MAPP was the driving force behind making Riverside County the first county in southern California to issue the state mandated medical marijuanaâa remarkable achievement in an area known as a hotbed of anti-medical cannabis sentiment.
MAPP also recently succeeded in bringing a medical cannabis panel discussion to the Riverside County HIV/AIDS Conference, funded by the County itself. It was a milestone in the County's recognition of medical cannabis. Swerdlow had also hoped to screen the acclaimed medical-cannabis documentary "Waiting to Inhale" at the conference, but was blocked be the Drug Free Community Coalition, a federally funded local group with friends on the County Board. The film was shown at a separate location.
Since then, MAPP has continued to fight harder than ever. The group is engaged in negotiations with the Riverside County Sheriff's Depart-ment that could lead to a model police policy. They have succeeded in pushing medical cannabis dispensing collective regulations in an area that has long been known as staunchly opposed. And they're party to a lawsuit against San Bernardino County, similar to suits filed by ASA against counties that are noncompliant with the medical cannabis state ID card program.
The work of Swerdlow and MAPP shows that, no matter what the opposition, a vocal community can create progress with relentless pressure on public officials based on reasoned debate and scientific facts. For more information on MAPP, contact Lanny Swerdlow by email at [email protected].
ALERT: #399 Medicinal Marijuana Is Legal in Michigan
MPP testifies before Congress
Dear Friends:
Yesterday, MPP's Aaron Houston testified before Congress, urging lawmakers to rein in the DEA. You can read his testimony (posted on the House Appropriations Committee's Web site) here, or watch him discuss it below.
Each year, Congress passes a spending bill that funds the Justice Department, including the DEA. At yesterday's hearing about next year's budget, MPP asked Congress to tell the DEA to:
- Stop interfering with state and local law enforcement in California and other medical marijuana states;
- Immediately stop the practice of sending letters to landlords of state-legal medical marijuana dispensaries, threatening to seize their assets; and
- Stop blocking medical marijuana research and approve the application for a medical marijuana research facility at the University of Massachusetts-Amherst.
MPP was the only reform organization to provide expert testimony at the hearing yesterday. In fact, MPP is the only marijuana policy reform organization with a full-time lobbyist on Capitol Hill. Would you please support this important work by making a contribution today? We appreciate anything you can give.
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.
Press Release: Senate Finance Committee Passes Medical Marijuana Bill, 9-3

FOR IMMEDIATE RELEASEÂ Â Â
APRIL 2, 2009
Senate Finance Committee Passes Medical Marijuana Bill, 9-3
Â
CONTACT: Former Rep. Chris DeLaForest (R-Andover)........................................................(763) 439-1178
ST. PAUL, MINNESOTA -- The Senate Finance Committee passed the Senate version of Minnesota's medical marijuana bill, S.F. 97, today by a vote of 9 to 3. Having passed this final Senate committee, the bill now moves to the Senate floor.
    "I am delighted that this compassionate, sensible bill is now on its way to the Senate floor," said bill sponsor Sen. Steve Murphy (DFL-Red Wing). "With Michigan's medical marijuana law taking full effect this weekend, I am increasingly optimistic that Minnesota will soon become the 14th state to get politics out of the doctor-patient relationship and protect medical marijuana patients from arrest."
    Laws removing criminal penalties for patients using medical marijuana with their doctor's recommendation are in effect in Alaska, California, Colorado, Hawaii, Maine, Michigan, Montana, Nevada, New Mexico, Oregon, Rhode Island, Vermont and Washington. Michigan's law, which takes full effect on April 4, is the most recently enacted, passing with a record-setting 63 percent "yes" vote last November.
    Numerous other states, including Illinois, New Hampshire and New Jersey, are presently considering similar legislation. The Obama administration recently announced a policy of non-interference with state medical marijuana laws, pledging to conduct raids or arrests only when individuals have violated both state and federal law.
    Organizations that have recognized marijuana's medical uses include the American College of Physicians, American Nurses Association, American Public Health Association, American Academy of HIV Medicine and the Leukemia and Lymphoma Society, among others.
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End the D.C. medical marijuana ban
Dear Friends:
A decade has passed since Congressman Bob Barr thwarted the will of D.C. voters by blocking a medical marijuana program, voted into law by nearly 70% of the district. Please help MPP remove the legislation blocking D.C. from implementing its medical marijuana program.
Since 1999, when Congressman Barr's legislation took effect, national support for medical marijuana has grown to nearly 80%, the American College of Physicians (America's second largest medical association) has come out in support of medical marijuana, and even Congressman Bob Barr has switched sides, lobbying with MPP to repeal his own legislation and allow D.C. medical marijuana patients the protections they deserve.
Please take action today. Send an e-mail to Congresswoman Eleanor Holmes-Norton and ask her to remove the Barr Amendment from the D.C. appropriations bill.
Sincerely,
Ben MorrisAssistant Manager of Government Relations
Marijuana Policy Project
Press Release: Medical Marijuana Implementation Starts April 4, Patients Available for Interviews

FOR IMMEDIATE RELEASEÂ Â Â
MARCH 31, 2009
Medical Marijuana Implementation Starts April 4, Patients Available for Interviews
CONTACT: Bruce Mirken, MPP director of communications ............... 415-585-6404 or 202-215-4205
LANSING, MICHIGAN -- Full implementation of Michigan's medical marijuana law, passed by voters with 63 percent of the vote last November, begins April 4, and Michigan Department of Community Health offices will be open to accept applications on Monday, April 6. Because of great interest in the new law, a number of patients have agreed to make themselves available for media interviews.
    In the period leading up to full implementation, medical marijuana patients have been able to defend themselves against marijuana-related charges, but have not had the protection from arrest that will now be available to those who take advantage of the registration process and obtain a state ID card. Michigan is the 13th state to remove criminal penalties for medical marijuana patients, and medical marijuana bills are presently under consideration in several state legislatures, including Illinois, Minnesota, New Hampshire and New Jersey.
    Patients available for interviews include:
    Lynn Allen, Williamston, suffers from AIDS and hepatitis C, contracted from a blood transfusion.
    Stephanie Annis, Oakland County, suffers from severe nausea resulting from 10 abdominal surgeries.
    Jon Dunbar, Kalamazoo, suffers severe, chronic pain due to spinal problems.
    For further information on the new law or to arrange interviews with any of these patients (or others who may become available as the implementation date approaches), please contact MPP director of communications Bruce Mirken at 415-585-6404 (office) or 202-215-4205(cell).
    With more than 26,000 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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DEA Ignores New Policy, Raids SF Medical Marijuana Dispensary
DEA Ignores Policy, Raids San Francisco Dispensary
Raids Defy U.S. President and Attorney General, and need your response!
Dear ASA Supporter,
We never expected that the DEA would defy the public statements of both the U.S. President and the Attorney General in such an arrogant and brazen way.
And yet yesterday, the Drug Enforcement Administration raided a legal, permitted San Francisco medical cannabis dispensing collective against the will of the President and the Department of Justice... and we need you to respond RIGHT NOW!
In early February national media attention exploded around statements from a White House spokesperson and from U.S. Attorney General Eric Holder, telling the press that DEA raids would no longer continue, and that an end to such raids, according to Holder, was ânow U.S. policy.â
And DEA's response?
They thumbed their noses at the President and immediately raided a legal dispensing collective and, according to the San Francisco Police, did not even inform local cops! DEA claimed that the permit-holding dispensary was "violating state law," but went on to say that evidence was "under seal" and could not be shared with the public.
The DEA is out of line and out of control, and this raid is nothing if not vindictive. Even if there was a violation of state law:
1. Why where there no arrests?
2. Why were local cops not involved?
3. Why are United States Federal Agents interpreting and enforcing California state law without consulting California officials?
4. Why was the collective not given due process through the proper authorities, but rather ransacked with a "smash and grab" raid?
DEA has twisted the words of the U.S. Attorney General, and thought that by saying publicly "they violated state law" that they could continue raiding whenever they want. Well that doesnât fly. We DEMAND that the DEA stop immediately, and that U.S. Attorney General Eric Holder reprimand DEA Administrator Michele Leonhart for her blatant insubordination and violation of the ânew American policy.â
Now it's up to you, and all it takes is two phone calls, one to U.S. Attorney General Eric Holder, and the other straight to the DEA.
Please call the U.S. Attorney General at (202) 353-1555 and say:
Hi, my name is _____________. First I want to thank you for your numerous public statements verifying the end of DEA raids on legal medical marijuana dispensaries in California. But on Wednesday the DEA went against your word and the word of the President of the United States by raiding a permitted dispensary in San Francisco. We respectfully demand that you issue a statement condemning and officially ending these raids until the Obama Administration has had a chance to review the new policy.
When youâre done, call the DEA at (202) 307-8000, ask for Administrator Michele Leonhart, and say:
Hi, my name is ___________. The U.S. Attorney General and the President of the United States have both made high-profile public statements, saying DEA raids on legal medical marijuana dispensaries is no longer U.S. policy. Yet your DEA raided a legal, permit-holding San Francisco dispensary yesterday, in conflict with these statements. This disgraceful and anti-democratic. Why is your agency not listening to the policy statements of our elected leaders and your boss? Is this how you'll run DEA if you are appointed in the Obama Administration? We demand that you STOP it immediately!
Sincerely,
George Pappas
Field Coordinator
Americans for Safe Access
P.S. Please forward this message to all your friends and family so that we can generate a response big enough to get officials to act!
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