Appeals Court hears case on medical value of marijuana
October 16th, 2012Posted by Jonathan Bair
This morning, the federal Appeals Court for the DC Circuit heard an appeal in the case called Americans for Safe Access v Drug Enforcement Administration. The case is an appeal of the DEA’s rejection of a petition filed in 2002 seeking to change the placement of marijuana as a Schedule I drug per the Controlled Substances Act. Based on the scientific evidence, ASA and our fellow plaintiffs feel that it is simply untrue that cannabis is a drug with a “high potential for abuse” and “without accepted medical use in treatment in the United States.” The hearing today offered a glimpse at the Court’s approach to this topic.
In front of a packed courtroom in Washington, the three-judge panel questioned ASA’s Chief Counsel Joe Elford and a federal lawyer about the merits of the scientific case, and the crucial legal issue of “standing.” Standing is a legal concept that restricts the right to sue to injured parties – people who are directly hurt by what they are fighting, and can get relief from a legal judgement. The issue of standing has been the reason why two prior appeals of the DEA’s classification of marijuana were rejected. In the past, patients have not been part of lawsuits against the Controlled Substances Act. The three judges were Merrick Garland, Karen Henderson, and Harry Edwards.
ASA’s Chief Counsel Joe Elford opened his appeal by arguing that the federal “Department of Health and Human Services plays a game of gotcha” by tightly controlling research access to cannabis and then claiming that there is not enough compelling research to justify reconsidering it as Schedule I. The Drug Enforcement Administration erred by determing that cannabis has a high potential for abuse when its findings determine its abuse and harm potential is less than other substances in less-controlled schedules, such as cocaine.
Elford opened his arguments with the issue of standing. He pointed to the affidavit of plaintiff Michael Krawitz, a veteran denied access to Veterans Administration services because of his medically necessary use of marijuana. The Veterans Administrastion’s harmful policy is based on marijuana’s status as a Schedule I substance. He also spoke of the many members of Americans for Safe Access, who are fearful of the consequences of cultivating their own cannabis for their medical needs, and that a medical necessity defense in court could be allowed if marijuana were not in Schedule I.
Elford then turned to the issue of the merits of the DEA’s position on marijuana’s medical value, to prove their position was “arbitrary and capricious” and therefore impermissible. The contention that there is not a complete consensus was argued to be an unreasonable interpretation of the regulatory standard, and that many of HHS’s standards are inapplicable to an organic substance. Significantly, the lack of access to marijuana for medical research is a consequence of the scheduling, yet the lack of suitable research is cited by the DEA as a reason for maintaining the schedule. Despite this lack of research access, ASA cited a growing body of high-quality scientific and medical research into the benefits of marijuana.
Judge Garland asked Elford if he was arguing that marijuana in fact meets HHS’s standard for studies. ASA’s counsel cited over 200 studies and argued that a circular standard is impossible to meet. He also said that, given that the schedule is relative, the DEA is ignoring even its own studies showing that marijuana has merely a “mild” potential for abuse.
Joe Elford concluded by arguing that Schedule I was an inappropriate classification of marijuana and it caused harm to patients and prevented meaningful medical research. Rescheduling marijuana would allow for a reasonable policy solution for suffering patients and uphold the intent of the Controlled Substances Act.
Judge Edwards asked about the standing of Mr. Krawitz, and his access to medical marijuana. The judges asked about access in medical states and noted that marijuana would not be legal just because it were rescheduled.
Federal counsel Lena Watkins then presented her position against appealing the DEA’s decision to continue cannabis in Schedule I. She noted that state legislatures or popular votes do not determine accepted medical use. She said that research is inadequate and has not progressed, and argued that the government does provide access for research. Turning to the abuse potential, Watkins said, “marijuana is the most widely abused drug in America,” and dependency is a factor in making that assessment.
The judges questioned the level of access provided for research, and Watkins said that fifteen studies of a specific federal “quality” metric have been allowed. Pressed to explain why these studies haven’t persuaded the DEA that marijuana has medical benefits, she said, “we don’t have the final results yet.” To many in the audience, the circular nature of the government’s position on the science of marijuana was clear. The judges then invited Elford to give a rebuttal.
Focusing on rebutting the government’s claims about research, Elford argued that there has been adequate study and even more since this case was filed in 2002, and noted that he would like to admit additional evidence to the case. Summarizing by turning the government’s “no substantial evidence” argument on its head, Elford said that both sides agree more research needs to be done and that research can only happen if marijuana is released from Schedule I. Requiring the DEA to make scientific determinations on a new schedule would lead to better policy and more relief for suffering patients.
The patients spoke out at a well-attended press conference after the hearing, and Americans for Safe Access is proud to have given patients a day in court. Many observers felt the judges were willing to consider the argument of Michael Krawitz’s direct harm from the Controlled Substances Act, and this issue of “standing” has been the Achilles heel of past lawsuits against Schedule I. However, Judge Garland asked at one point, “Don’t we have to defer to the agency? We’re not scientists. They are.”
We’ll find out whether the judges felt the DEA’s science is adequate, or if patients can sue for a medical necessity defense against harsh marijuana laws, when the judges rule. We don’t expect it for a few months. This opportunity is thanks to the brave plaintiffs who took on the federal government on behalf of many others.
Jonathan Bair is ASA’s Social Media Director. Recordings of any kind were not allowed in the courtroom.
October 16th, 2012 at 1:37 pm
I just wondered why the “DEA” as a police agency is in charge of a medical product? Is the FDA next? run the gauntlet? Med cannabis has helped me greatly. What do I know? I am just a junkie according to the DEA. Ouch. I still hurt, btw. It’s not a panacea. It helps though…
October 16th, 2012 at 1:42 pm
Well done ASA, Viva la Victorious!!! The truth will win! Reclassify Cannabis AS LEGAL – stop with the bullshit and lets get on with it!
October 16th, 2012 at 1:49 pm
A big thank you to Americans for Safe Access for seeing this out. Many people here in South Africa have also been following this story keenly and can’t wait to see how it concludes. One hopes that the three judges will be impartial in their judgement as they rightly should be.
Keep us posted with all of the details!
Sasha Dowding
Chief Communications Officer at NORML SOUTH AFRICA
October 16th, 2012 at 1:57 pm
Good Job ASA Attorneys and witnesses. We are all so grateful for your time, effort, and commitment. Together, we can!
October 16th, 2012 at 1:57 pm
It was a great privilege to be in court in DC this morning. ASA Chief Council Joe Elford did a great job, even on tough questions from judges. We may not know the outcome for weeks and months, but we scored a victory already by coming this far. The judges have already requested supplemental briefing regarding one of the plaintiffs, a veteran who was denied treatment for his medical cannabis use. This is probably a good sign! Stand by for news.
October 16th, 2012 at 2:05 pm
As a patient myself, I am thrilled that ASA has gone so far for us, and ultimately for humanity. It’s ridiculous that this useful plant — already cleared as safe by the DEA’s own administrative law judge — has been so vilified by lie-dripping government functionaries. As Gill implies, maybe it’s the DEA that should have no legal standing here!
October 16th, 2012 at 2:12 pm
glad to hear we are making progress in the dea dept! america needs to wake up and realizes the potential for marijuana medicaly and fiscaly to turn our country around! not only will a rescheduling allow for greater reashearch into the medicinal benifits but also the economic benifits like textiles and plastics oil and get this FOOD! seriously we can feed the homeless and every third world country with cannabis seed and cure cancer while were at it! hope the judges make the correct descion here! legalize tax regulate and educate
October 16th, 2012 at 2:43 pm
thank to all for your time i really do appreciated it i have been fighting for this sense 1987 with the norml dc chapter we all should pray that they will open there eyes up look at the people that use it medically and the help it provides them and all the documented cases from the use of pot that it has cured or has helped greatly with there pain and suffering so i really do thank all that has been standing up and fighting for our rites to chose what meds help us the most and do the best and safest for us plus it is our rite to choose and just remember this one if the DEA dose not think there is no medical value then why do they supply a hand full of people with it and have there own 22 acre farm in Mississippi for that is one ? i would like to know the answer to so thanks again and keep up the fight people we will get through
October 16th, 2012 at 2:52 pm
Pressed to explain why these studies haven’t persuaded the DEA that marijuana has medical benefits, she said, “we don’t have the final results yet.” Then why does the U.S. Government hold “US Patent 6,630,507 Cannabinoids as Antioxidants and Neuroprotectants” and why was this not brought up????
October 16th, 2012 at 2:58 pm
[...] version of the whole rantSome highlights from the oral arguments today in the case ASA v. DEA on the harm suffered by patients by the DEA’s Schedule I [...]
October 16th, 2012 at 3:05 pm
It’s sometimes helpful to look at the judges themselves to try to get a sense of how they might rule. The law is supposed to be apolitical, but we all know that’s not really true.
Judge Edwards was appointed by President Carter. He has been a law professor at several Ivy League schools. It appears that he was strongly involved in the civil rights movement, or at least had close friends that were. Wikipedia also shows that Judge Edwards was heavily involved in the Committee on Identifying the Needs of the Forensic Science Community. The Committee published a report that did NOT simply follow the status quo, but instead recommended major changes. Judge Edwards’s biography strongly suggests that he will be fair and impartial and willing to consider change in our nation’s drug policy laws.
Judge Henderson worked for over 10 years as a prosecutor and was nominated to the federal bench by Ronald Reagan (trial level) and George H.W. Bush (appellate level). As compared to Judge Edwards, Judge Henderson appears much more conservative.
Last, Judge Garland. Appointed by Clinton. Clerked for Brennan (well-known as a very liberal Justice). Also spent substantial time as a prosecutor. It appears that Judge Garland is moderate, which is good. He will likely be fair and impartial about this issue.
October 16th, 2012 at 3:12 pm
Patients deserve to be heard! Thanks ASA for putting in the work; this community needs leadership, and we’re glad to have such a great group representing the interests of those who have not the strength enough to voice their own struggles.
October 16th, 2012 at 3:28 pm
I just want to say Thank You to the plaintiffs and ASA for taking this All the way! I know we’ve got a long way to go but it gives me hope that one day I can use this drug to ease my pain & other symptoms of MS without being looked at like a “junkie” as Gill said..
October 16th, 2012 at 3:39 pm
[...] [...]
October 16th, 2012 at 3:57 pm
Marijuana is medicine and ALWAYS HAS BEEN.
October 16th, 2012 at 4:13 pm
“Don’t we have to defer to the agency? We’re not scientists. They are.”
I just about died when I heard that this morning.
They like to think they’re the scientists…but they’re not. They’re a law enforcement agency whose power to influence and maintain the CSA is probably one of the worst self-serving conflicts of interest I’ve ever seen. No law enforcement agency should be allowed to create the laws it enforces. That alone should be reason enough to shut them down. Referring those thugs as “scientists” is an insult to real people actually doing work in scientific fields.
October 16th, 2012 at 4:16 pm
Thank you to the ASA for your standing up for those who cannot.
When even a 5 year old could call out the government on their ridiculous standards for research to be presented, without allowing it in the first place, can the truth and real freedom from fear for patients be far behind?
My only fear is that sanity will not prevail. It will be the final nail in the coffin for me that our government is absolutely corrupt to the point of no possible return. What a sad day that would be.
October 16th, 2012 at 4:22 pm
How can the U.S. government hold a patent on cannabis, which states it has medicinal qualities, why denying it does at the same time? Americans, die daily in this “drug war” state. These judges have GOT to choose life & kill off, that “drug war” whore!
October 16th, 2012 at 4:43 pm
Thanks for the great coverage and work
October 16th, 2012 at 4:55 pm
I attended the hearing today. It now the cat and mouse game of wait and watch Tic toc goes Little Ben Clock. Happy Anniversary ASA. 10 years old Same as this case. Hopefully your 20th won’t run tandem. Peace, Pot, Politics, Wayward Bill Chengelis Chairman, US Marijuana Party
October 16th, 2012 at 5:14 pm
[...] Court hears case on medical value of marijuana Appeals Court hears case on medical value of marijuana October 16th, 2012 Posted by Jonathan Bair This morning, the federal Appeals Court for the DC [...]
October 16th, 2012 at 6:29 pm
There are so many people suffering needlessly in most of United States. If Amsterdam can legalize cannabis, then why does the United States want to be such a backward country. I have multiple sclerosis which is helped greatly by cannabis. I would like to live the rest of my life with what relief is possible.
October 16th, 2012 at 6:30 pm
Thank you.
October 16th, 2012 at 6:59 pm
I am also a veteran with cronic severe back pain. The VA has had me on every powerful opiate in the book for the past 5 years , and constantly drug tested me for cannabas use with intentions of revokeing my right to attend pain management clinic. How can they say that MMJ is more dangerous than the massive doses of morphine I am on now?
October 16th, 2012 at 8:36 pm
I hope the judge decides in your favor, this is criminal what they are doing.
October 16th, 2012 at 9:15 pm
[...] Appeals Court hears case on medical value of marijuana. [...]
October 16th, 2012 at 9:40 pm
@Matt F. Thank you for the rundown on the members of the appellate panel. I hope it’s not too much distraction from today’s events to point out the importance of judicial appointees — including those to the U.S. Supreme Court — and the dramatic impact a Romney win would have on those in coming years.
Even more than the unfortunate dispensary raids, the president’s power to shape the judiciary is THE campaign issue this year. Say what you will about Obama, voting against him risks tilting all three branches of government against the the medical cannabis patient for the foreseeable future. Isn’t it better, and indeed necessary, to add some more moderate voices of judicial reason to the motley crew of jurists we got under GWB? Their impact can and will be felt long after Obama leaves office.
October 16th, 2012 at 9:43 pm
Congratulations ASA! With this argument you seek to kill the beast with one stab. I agree with you and applaud your efforts. It is our best shot.
However will the result be rescheduling or descheduling?
How should cannabis be regulated?
What existing systems are there to model from? Synthesized and compounded pharmaceuticals? Hard alcohol? Beer and wine? Over the counter drugs? Vitamins and supplements? Medicinal herbs ?
For now we should enjoy this historic moment but If the judges agree with mr elford then we need to have the correct answer to the above question!
October 16th, 2012 at 9:52 pm
My stomach also turned when I read Judge Garland’s ‘scientists’ statement. They’re cops, not scientists. You can’t be a scientist if you are operating with ANY other motives or agendas outside of the truth, the facts. (By the way, you can see the disgusting way we got into this mess here: http://www.cannabisculture.com/articles/2500.html ). We can start fixing the economy ourselves if we can ditch the politicians who side with hypocrisy (meaning vote). Stay educated and support groups like ASA.
Thank you, ASA.
October 17th, 2012 at 5:11 am
[...] by: Jonathan Bair, ASA (republished from: ASA’s Blog) [...]
October 17th, 2012 at 6:15 am
I am not a doctor. I can only speak from personal experience.
Several years ago, I had surgery on my right shoulder. Pain medication was prescribed…”take one capsule every 4 hours.”
I took one capsule.
I was down for over 20 hours. When I came to, I felt like I had been hit by a truck. The next time I felt discomfort, I smoked a small amount of marijuana …pain gone, no after effects.
I threw the pills out.
That was the only prescription medication I have taken in the past 30 years. That one pill made me feel worse, both physically and mentally than anything I think I have ever encountered.
I watched over a course of 10 years what ‘prescription medication’ did to my Mom. And there was nothing I or my family could do to dissuade her. In her eyes, ‘her doctor’ was the ‘supreme being.’ The biggest pill pusher in Boca Raton, Florida.
My Mom killed herself in 1988. And, I will always believe her suicide was directly related to her ‘medication.’
I have no use, or love, for ‘big pharma.’
Looking back, had I have had a brain…and not been so indoctrinated as to the evils of marijuana, I would have offered it to my Mom. A lot of folks may scream and holler over this…but, I truly believe, with marijuana, I could have weaned her from the ‘medication’ that led to her death.
The bitch of the whole issue, is that now, many of these ‘medications’ list ‘suicide’ as a potential ‘side effect.’
What the hell is wrong with this picture?
After spending 5 years in Federal Prison for a marijuana offense, I wrote: Shoulda Robbed a Bank
Tales of Americans living free…and using marijuana in the pursuit of happiness…harming no one nor their property.
October 17th, 2012 at 7:35 am
[...] http://safeaccessnow.org/blog/blog/2…-of-marijuana/ Appeals Court hears case on medical value of marijuana [...]
October 17th, 2012 at 8:40 am
I am so very proud to be a member of ASA! Awesome job for taking on the monster standing in our way. SOoooo wished I could have been there making history with all of you. Great Job ASA….. If anyone reading this hasn’t already dug into their pockets to help progress this organization – shame on you!! Dig now – we have to keep work like this moving…….
October 17th, 2012 at 8:49 am
What?!? This sounds as it went nowhere. “DEA Knows, there scientists” – Feds have it patented since ’03?!? Why doesn’t this info come back? This is just time again for them to work on a new reason. -> “Look at the trouble of ‘spice’…” or something. There is 6000+ years of research that gets ignored. If we can ignore that I know big Rx put the research on paper in the 1900-1937 time period.
October 17th, 2012 at 9:00 am
[...] See the whole article from ASA - http://safeaccessnow.org/blog/blog/2012/10/16/appeals-court-hears-case-on-medical-value-of-marijuana… [...]
October 17th, 2012 at 9:15 am
Good job ASA. Get em!
October 17th, 2012 at 9:59 am
If you asked me 6 months ago about this issue I would have said “I don’t care”. I don’t know why it’s a big deal; I don’t use and don’t plan on it. I also was sitting in my daughters doctor’s office 6 months ago being told that her body and mind had disconnected and now her organs were failing they said she would likely not make it to Christmas this year. We had tried every know treatment, from The Mayo Clinic, Drexel University, Stanford University. No help, my wife asked me one night what about cannabis? At this point if someone suggested dog urine from Kansas, I would have headed to Wichita with a bucket. It’s my little girl. Our Dr. sent us to a Physician in CA. Who said why not it can’t hurt and it’s a lot less harmful than the Hard Narcotics she is on now. At this point she is in a wheel chair, we bath her cath her, feed her, she can do almost nothing for herself she had a PICC line directly into her heart for medication. We go to Harborside, they take us in like family, explained what and how to her and we start treatment. 24 hrs. latter my wife wakes up in the middle of the night in the hotel someone is in the room with her moving around, she clicks on a light, it’s our daughter she woke up got out of bed and went to the bathroom on her own. In two weeks after treatment, wheel chair is gone, all narcotics arte gone, PICC line gone. She is back and it is 100% due to cannabis.
October 17th, 2012 at 10:51 am
I just want to make sure I understand exactly what this means…I can be rather dense sometimes
This case is an “appeal” to have the courts force the DEA to take another look at their classifying MMJ in Schedule I, right? Does this mean that the DEA can simply find another way (i.e. word differently) yet another rejection? What exactly can these 3 judges do, in terms of actual, measurable change? It concerned me a bit when one of the judges asked whether or not THEY needed to listen to the “agency”…citing the fact that they were scientists and the judges were not. Help me out here. Where can a favorable ruling actually go??
October 17th, 2012 at 10:54 am
If these judges don’t rule in favor of this they basically have no souls. Hopefully once the vote shows 2 states fully legalize it and every medical initiative passes they will see how much the American people know the facts. At least they listened for the most part. The one judges comment about the DEA being scientists was a bit crazy though and we should be listening to everyone other than them.
October 17th, 2012 at 10:55 am
Thank you ASA and all the people who went in support of rescheduling Med Marj and also those who told their stories. I am sitting here thinking what a important time in history this hearing is and pray the judges will see with impartial eyes to the “true” facts of this case. I hope this event is our time to finally do justice for medicinal marijauna and thus allow the patients to get access to it without the threat of being arrested and sent to prison. With everything inside me I hope Med Marj is reclassified! On pins and needles till verdict!
October 17th, 2012 at 11:59 am
It’s somebody’s Golden Goose on both sides of the aisle AS LONG AS prohibition makes it a gangster’s paradise and a crooked cop’s retirement fund! Alcoholic’s Anonymous insists you can only get free of an addiction by being Honest…money is a narcotic.
October 17th, 2012 at 12:51 pm
Yay!! That’s great we got our voices heard, now lets just hope the judge listened with an open mind. I’ve chosen to stop using prescription drugs that were truly addictive-your body goes through withdrawsthat can kill you- and just use medical marijuana. It works better and is better foe me, I hate that people are trying to take that away cause there isn’t ‘adequate proof’ here’s enough of us to prove cannabis works if they’d just stop being idiots . @rikkusaurus
October 17th, 2012 at 12:57 pm
Cannabis is just one freedom, the right to sky dive has innate risks, people jump and they are not imprisoned. Driving, football, even guns, something fare more dangerous by design than any drug, are permitted under the basis of liberty.
The truth is there are beneficial safe drugs, and society says “you can use beer responsibly” or even liquor, so we see brainwashing all over tv that a “good life” is drinking a TOXIN with your friends, so how is something safer, be it magic mushrooms, marijuana, or anything safer than alcohol, worthy of the same punishment a true criminal receives ?
if one plays football and gets a life long injury many consider that person a hero, not a moron, a junky, or someone that should go to jail, but yet you cannot be impaired for life from using safe drugs
alcohol is NOT a safe drug, it kills, tobacco cigarettes kill, even coffee kills
as a society we have every obligation to let people pursue their own life the way they see fit whether they are an addict or a saint, successful or not, psychedelics are medicine too.
there are some people that the only time they truly feel gratitude, happiness, and love to others is after a good therapeutic psychedelic medicine session, and doing that just rarely helps them as people to enjoy life, liberty, and happiness
or are life, liberty, and happiness unamerican values ? is it imprisonment for doing nothing wrong at all, is that what a free country is ?
October 17th, 2012 at 2:10 pm
This is the most medicinal plant in the world, and our gov’t is completely confused. I am so blessed to know you all went thru the battle to get to here. Congrats to helping humanity. I am prescribed Marinol for mental wellness, depression, anxiety, add. It is by far the best med I have compared to any other ADD or Anxiety medication. The point is cannibinoids work, and are even curing cancer(See Rick Simpson Run From The Cure). It’s going to be a big slap in the face to the DEA when the judges come back with the answer we all want. Stop the brainwash…….this could be a start to turning our civilization around to peace. My sanity and future in business, fathering my children, and helping society all lie upon this certain plant and chemical nature. The fact that every mammal since beginning of time has had an endocannibinoid system, and then there is a plant that fits perfectly into the receptors CB1 and CB2 allowing us to be creative, loving, positive, flexible, and pain free. A study was done pertaining open minded people and what shapes it? The answer concluded that people with a higher amount of cannibinoids in system where far more open minded….So big pharma and assbackwards GOVT nature is coming and the humans are finally going to heal and thrive. And oh ya, it’s going to get you out of debt. Cigarettes should be schedule 1, they kill 400,000 people per year. Alcohol should be schedule 2, it really has no medical value. It kills 85,000-100,000 people per year. Oh ya Cannabis has not cause one death to date. Crude cannabis extract is curing cancer, and we need people to know about the facts. We have testimonials from breast cancer, glioma cancer, to terminal cancer all go away with treatment of cannibinoids. They are giving CBD (Cannibidiol) to Schizophrenics and having major success. It’s a non psycho active cannibinoids that helps with nausea, pain, and sanity.
Ego is what is causing this fight. They know they are wrong, but continue to fight. It’s brainwash, and the truth is coming! Better watch out Peace and Virtue are coming upon us. Here is to all the plaintiffs who fought the battle of making things right! I applaud you and hope the best for you! Your karma is good! Rationality does not always happen, but you always fight for what is right. It’s a losing battle for them, let the patients and people free from your controlling maschism.
October 17th, 2012 at 2:28 pm
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move forward to The Fifth Amendment (Amendment V) to the United States Constitution, which is part of the Bill of Rights, protects against abuse of government authority in a legal procedure. Its guarantees stem from English common law which traces back to Magna Carta in 1215. For instance, grand juries and the phrase due process (also found in the 14th Amendment) both trace their origin to Magna Carta. 1937,,The Marihuana Tax Act.(i sure you might find that there was to few .Signers (dont know so much on us law but there is some thing wrong in the legal term on this one )that help to the unification drug act 1967 and 1973 ..my case would be if the 1937 law was illegal in the first place then all law based after this would fall.. free the weed . viva la cannabis .. i do swear on this holy book .the plant the whole plant and nothing but the plant
October 17th, 2012 at 8:05 pm
I would like to ask, where were the DEA’s scientist ?
With all the billions being spent to keep us safe from the devil weed,
they should have an airtight case against it.
I’ve read lots of studies about medical marijuana and they are fighting a losing battle the scientific facts will out weigh all of their lies.
The fact that the judge was wanting to defer to the DEA scientist, is a major red flag gives you an insight on the way this judge thinks.
Hopefully sanity prevails.
Thank You ASA for all you do for the MMJ movement.
And having our voice heard!!
October 17th, 2012 at 8:27 pm
I’ve been on disability since ’07 and I am so sick of having all of these pills shoved at me by doctors..the side effects are worse than the symptoms!! I have discussed the use of medical marijuana with 2 different doctors and both of them agree that it would help with the pain and I could stop taking all the pills..Wake up , America..if you don’t appeal to the greedy side (profit) of the Gov’t nothing will change.And most of the Vets out there will agree that we financed wars with drugs..so who is being the hypocrite here???
October 17th, 2012 at 11:02 pm
[...] The patient-based advocacy group out of California, Americans for Safe Access (ASA), led the movement to reverse the classification. For a full recap of the October 16 hearing, visit http://safeaccessnow.org/blog/blog/2012/10/16/appeals-court-hears-case-on-medical-value-of-marijuana…. [...]
October 18th, 2012 at 5:20 am
[...] The patient-based advocacy group out of California, Americans for Safe Access (ASA), led the movement to reverse the classification. For a full recap of the October 16 hearing, visit http://safeaccessnow.org/blog/blog/2012/10/16/appeals-court-hears-case-on-medical-value-of-marijuana…. [...]
October 18th, 2012 at 6:45 am
[...] The patient-based advocacy group out of California, Americans for Safe Access (ASA), led the movement to reverse the classification. For a full recap of the October 16 hearing, visit http://safeaccessnow.org/blog/blog/2012/10/16/appeals-court-hears-case-on-medical-value-of-marijuana…. [...]
October 18th, 2012 at 8:29 am
My question is … When was all the scientific research done that they decided cannabis/marijuana was such a harmful, addictive drug with no medical value, after it had been used for thousands of years as a medicine? Where are the results of that research? certainly they didn’t consider the movie REEFER MADNESS as the basis for the decision to put it as a schedule 1 drug, did they? Wake up America… we are talking about a plant! A useful in thousands of ways …. PLANT. Time to end this nonsense that was started by greedy people during a time of history when it was easy to lie and brainwash the masses. Marijuana is illegal because “they” didn’t want HEMP grown and used for production … more money using trees, cotton, petroleum etc.
October 19th, 2012 at 5:25 am
Thanks you so much ASA for representing medical cannabis patients everywhere. I’m proud to be a member of your organization…DD
October 19th, 2012 at 7:59 am
Thank you ASA. We have worked with Medical Cannabis groups since 1997 to provide them insurance that they require, but more so we have been actively involved in the industry- helping insurance underwriters understand the incredibly important nature of this industry, getting more companies to trust and write insurance. (This may seem like shameless self promotion…but we really care about the patients, dispensaries, grow facilities, kitchens, delivery services that get horribly jerked around by capricious and vicious government action that messes with their lives, puts them in jail and often bankrupts them. They call us to tell us they were raided and shut…the stories are tear jerking. )
In an effort to understand WHY “they” are doing this…I keep thinking …follow the money. Who has the most to lose if Cannabis is legal?….hmmm….could it be the pharmaceutic companies, who by the way have huge lobbying power??? Does anyone have any inside as to the real reason WHY??
October 19th, 2012 at 8:29 am
[...] Medical Cannabis: Voices from the Frontlines » Blog Archive » Appeals Court hears case on medical …. Share this:TwitterFacebookLike this:LikeBe the first to like this. [...]
October 19th, 2012 at 9:24 am
In my opinion, the DEA has a financial interest in keeping Marijuana illegal. The court should order independent research labs do the research. CA has a research lab that the Feds could fund.
October 19th, 2012 at 10:47 am
[...] panoply of the world’s most dangerous drugs is now in federal judges’ hands, following oral arguments in Americans for Safe Access’s lawsuit against the DEA in Washington, DC, Tuesd…. Win or lose, the rescheduling lawsuit is a milestone in the marijuana movement. Still, [...]
October 19th, 2012 at 6:07 pm
I am a survivor of leukemia, and thyroid cancer. The actions of the DEA have most definitely cost me. If the studies are right (and that if is just a formality) I could have avoided the costs involved in thyroid cancer, and the cure. The cure was having my thyroid removed. In the process also having my parathyroid irreversibly destroyed. Had the first research been not hidden under the rug, and properly followed up way back in 74′, I have no doubt this could have been avoided. The tens of thousands in medication costs would not have existed. I would have been able to keep my thyroid, at least for a few more years. I would have much rather had the side effects of THC over chemo and radiation treatments. If the federal government can not see this, then piss on the federal government.
Sincerely,
Andrew R. Pease
October 20th, 2012 at 9:48 am
From what I read, the arguments for marijuana use as an alternative medical option are overwhelming. However, what is most important is the FREEDOM of adults to CHOOSE what they can use for their own health concerns as long as there is no infringement on others’ rights. With all of the caveats given for pharmaceutical drug use, (including death) it is most interesting to note that there has been NO record of a marijuana overdose, ever.
As a cancer patient, I beg the courts to allow me and millions of others with cancer and other serious health conditions the choice of a medical alternative for which we would take full responsibility of consuming like we do with chemotherapy and radiation–two treatments that we know have benefits but also have negative effects as well.
October 20th, 2012 at 10:13 am
Tank GOD for the ASA HOW IS THE DEA s role in this not a conflict of interest. with seizure laws what they are it smells like a rotten hearing , fish ,
to me. I have friends that have recreation ed for years with cannabis as I did, that can not split the diff between rec use and medical and I THINK THIS IS THE PROBLEM . I had stopped using for fun twenty two years ago, while my buds partied on. I WORKED FOR HIGH PROFILE COMPANIES THAT DIDN’T TOLERATE IT. They gave random test to all employees white collar and blue
I did not like it but it was a good position so I gave it up.
I now have some major health problems and am suffering as much from the medications as the illness DEA ahould stay out of the science and leave that to FDA, AMA, doctors , scientist
October 22nd, 2012 at 10:13 pm
Standing; Maybe the arguement for his standing , even though his state does not have medicsl marijuana laws, is that he can fill his prescribtion for marijuana at the VA, which is federal land and even use it there. Or…if marijuana was recognized by the federal governent as a medicine then all states would follow suit and allow it to be prescribed or face litigation from people who are denied medication.
If the DEA reclassifies marijuana it would be treated ust like any other drug.
Could the states refuse access to patients if doctors prescribe for conditions approved by FDA for it’s use? Are there any drugs currently listed schedule 2-5 that can not be prescribed?
October 25th, 2012 at 1:04 pm
[...] it have been made by marijuana advocacy groups since 1972, but the most recent appeal, the case of Americans for Safe Access (ASA) v. Drug Enforcement Administration (DEA), might have what it takes to finally change federal regulation policies and ultimately grant [...]
October 29th, 2012 at 10:14 am
[...] not meet the standard of double-blind FDA approval trials. Joseph Elford, arguing on behalf of Americans for Safe Access, said the agency is “deliberately stymieing research.” Elford said that both sides agree more [...]
November 6th, 2012 at 6:06 pm
I’m appalled that the ASA and the rest of the petitioners in this case are not paying attention to the argument of standing due to states rights. The only reason the judge is paying attention to the standing of one of the petitioners is that this person lives in a state for one month of the year that has a medical marijuana law (Oregon, in this case). The judge cannot rule on the science , he has to rule on the law. And the rights to medical decisions are reserved for the states. The CSA is not ruled by the supremacy clause, it instead defers to federalism.basically, the federal schedule 1 is defined by “no accepted medical use in the U.S.”, yet this has been made erroneous by state laws. But these petitioners are failing to make the only argument that will win.One based on law and not science. See Oregon vs. Gonzales (2006).
November 19th, 2012 at 10:29 am
Obama could solve the entire problem with one Executive Order.
With one signature he could order the DEA and all other government agencies to remove Marijuana from the list of schedule 1 drugs or to completely decriminalize it in the entire country.
He has now been re-elected so removing mj from schedule 1 or better can not harm re-election chances.
December 7th, 2012 at 11:42 am
[...] down in the Americans for Safe Access v. DEA case, which went to the Federal Appeals Court back in October [4]. According to Americans for Safe Access, the case “is an appeal of the DEA’s rejection of [...]
December 31st, 2012 at 11:20 am
[...] We finally got our day in court! ASA took our 10-year old rescheduling petition to federal court for the first oral arguments on the medical use of cannabis in twenty years. If we prevail in 2013, our lawsuit will force a change in the classification of cannabis under federal law. [...]
January 11th, 2013 at 1:55 pm
most widely abused drug? lies! instead say its the most versatile medicine known to the earth
January 18th, 2013 at 1:26 am
[...] Piden una revisión de la legislación del cannabis, e indican que la DEA (Agencia Federal Estadounidense de Lucha Contra los Estupefaciente) eligió ignorar las pruebas evidentes de los beneficios del cannabis en 2011, para que esta planta se quede clasificada en la categoría de las más estrictamente prohibidas (nivel 1 de 5). Sin embargo, la ley federal exigía que la DEA tomara en cuenta esos datos. (fuente: ASA) [...]
January 21st, 2013 at 5:58 pm
It’s been over three months since the Court of Appeals heard ASA’s arguments for rescheduling cannabis. How much longer before a ruling?
January 22nd, 2013 at 5:03 pm
Unfortunately, the court denied our appeal on January 16. We will seek an en banc review and appeal to the USSC. See my blog post today for more info.
March 22nd, 2013 at 2:00 pm
[...] Krawitz, Executive Director of Veterans for Medical Cannabis Access (VMCA) and a plaintiff in Americans for Safe Access v. Drug Enforcement Agency, admits that the VA is trying to make [...]
April 23rd, 2013 at 7:13 pm
[...] Force veteran Michael Krawitz of Veterans for Medical Cannabis Access (VCMA) and a plaintiff in Americans for Safe Access v. Drug Enforcement Agency, a case which seeks to see marijuana moved out of the Controlled Substance Act's Schedule I, [...]
April 25th, 2013 at 11:23 pm
[...] Force veteran Michael Krawitz of Veterans for Medical Cannabis Access (VCMA) and a plaintiff in Americans for Safe Access v. Drug Enforcement Agency, a case which seeks to see marijuana moved out of the Controlled Substance Act’s Schedule I, [...]
April 28th, 2013 at 7:42 am
[...] Force veteran Michael Krawitz of Veterans for Medical Cannabis Access (VCMA) and a plaintiff in Americans for Safe Access v. Drug Enforcement Agency, a case which seeks to see marijuana moved out of the Controlled Substance Act’s Schedule I, [...]