Tomorrow morning, the United States Court of Appeals in Washington DC will hear oral arguments in the landmark case, Americans for Safe Access v Drug Enforcement Administration. The case argues that the Drug Enforcement Administration acted irrationally in ruling that cannabis belongs in Schedule I of the Controlled Substances Act. The plaintiffs argue that this scheduling of marijuana has harmed them physically and financially. Below are the courageous patients and caregivers who have taken on the federal government in this important case.

William “Bill” Britt is a 52-year-old resident of Long Beach, California, who developed polio as a child, which caused him to have scoliosis, a fused left ankle, shortened left leg, and bone degeneration in his left hip. Mr. Britt also suffers from epilepsy, depression and insomnia, and uses marijuana to treat chronic pain in his leg, back, and hip. Marijuana has reduced Mr. Britt’s seizures and depression, and helps him sleep. Although Mr. Britt has taken prescription medication such as Marinol, Robaxin, Soma, and Xanax, none has proven as effective as marijuana. Read Mr. Britt’s post about why he is suing for safe access. (more…)

Shortly after California passed Prop. 215 in 1996, I asked the chief physician at my county clinic for a verbal or written recommendation to use cannabis medicinally. He told me that, while he had no problem with me using cannabis for my conditions, he was afraid to make any kind of recommendation without proper authorization and guidelines. He said as long as cannabis is a Schedule I drug, he could not prescribe it to me.

Over the years living with epilepsy and Post-Polio Syndrome, I have been prescribed and used a myriad of over and under the counter medications for pain, seizures, inflammation, nausea (Marinol), anxiety, insomnia etc. and none of the medications I have taken are as effective, tolerable and free of side-effects (both short term and long term) as cannabis.

After being denied by my doctor, I met with the clinic director who said the same thing as every medical professional and county/state health department representative I communicated with: “As long as cannabis is a schedule I drug, I cannot help you.”
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Today is the 75th anniversary of marijuana prohibition in the U.S. and, as a society, we’re no better off for it. In fact, many would argue that we’re far worse off with prohibition than if at any point we had developed a sensible public health policy with regard to marijuana use.

The effects of marijuana prohibition have been unmistakable from a law enforcement standpoint — the U.S. imprisons more people for marijuana than any other country. However, the effects on society of criminalizing marijuana for therapeutic use are also significant and undeniable.

Before the Marihuana Tax Act (MTA) was passed in 1937, medical marijuana (also known as cannabis) was commonly sold by pharmaceutical companies like Eli Lilly. However, Harry Anslinger, the country’s first drug czar, made sure that no exception was made for such therapeutic uses.

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I am a disabled United States Air Force veteran who is one of the plaintiffs suing over the placement of marijuana in the Controlled Substances Act, in the ASA v DEA case which will be heard by the United States Court of Appeal for the DC Circuit on October 16th. In order to understand why I would be willing to put my name on the line in this lawsuit over the schedule number of cannabis it is first important to review a little bit of history.
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The Montana Supreme Court issued a ruling last week in the Montana Cannabis Industry Association‘s lawsuit against the State of Montana. The Supreme Court reversed a lower court’s injunction against provisions of the state’s medical marijuana law, known as SB423, and ordered it to reconsider its decision using a different standard of review than previously applied. It is not clear based on the language in the Supreme Court’s decision whether or not the injunction is currently in effect, leaving hundreds of medical marijuana providers to wonder if they are currently in compliance with state law.
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Is Paul Ryan’s statement similar to Obama’s position on medical marijuana? Is there evidence that marijuana has accepted medical uses? Are there really more dispensaries than Starbucks in LA? Recent news about medical marijuana:

• Paul Ryan’s position on medical pot: “up to Coloradans,” and “not a high priority” for a Romney/Ryan Administration. Associated Press in the San Jose Mercury News
• What if Obama called a real marijuana user instead of actors? Huffington Post
• From dispensary operator to illicit dealer. Is medical marijuana being driven underground? LA Times
• Study shows marijuana use among teens in Colorado, a medical cannabis states, dropped even as it increased nationwide. Huffington Post
• Far fewer dispensaries in Los Angeles than ban proponents claimed, UCLA study finds. UCLA Newsroom
• Author Martin Lee presents slideshow of seminal moments in the post-ban history of cannabis – Huff Post Books
• Summary of research in the Daily Beast finds strong evidence of cancer-fighting effects of cannabis. Daily Beast
• Prescribing medical professionals launch sign-on letter disputing Federal position that cannabis has no medical value, in advance of the October 16th hearing. ASA
• Southern California’s only Sheriff-permitted dispensary closed by US Attorney Laura Duffy. San Diego ASA
• Senior learns to bust the myths around medical cannabis. HuffPost Post 50

After this blog was posted, prescribing medical professionals have signed a letter acknowledging that cannabis has medical use and should be rescheduled.

Most would agree with the premise that medical decisions regarding the appropriateness of a treatments are best left to doctors and other medicine prescribers in conjunction with patients. When it comes to herbal marijuana or cannabis, Congress and federal regulatory authorities have taken it upon themselves to judge across the board whether this substance has a currently accepted medical use in treatment in the United States, taking little or no input from clinicians who are responsible for actually providing treatments in this country.

Responding to the fact that nothing has been done to organize individual medical professionals to clearly state with one voice to the federal regulatory authorities that there are indeed currently accepted medical uses for cannabis (aka herbal marijuana) in the United States today, the medical prescribers on the board of ASA have started a sign-on letter to give the opportunity for their colleagues to stand and be counted. On Friday August 31st, in collaboration with fellow ASA board and staff, an open national-sign on letter was launched. This sign-on letter is in advance of the federal DC Circuit Court of Appeals hearing on October 16 when judges will consider questions regarding the appropriate classification of marijuana or cannabis in the drug scheduling framework.
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The Michigan Senate will likely approve a set of four medical cannabis laws that should bring a handful of improvements and clarity to the law, but not without imposing needless provisions that may harm safe access and the rights of patients in the state. The quartet of bills were originally passed by the Michigan House earlier this year and appear to be destined the pass the Senate without alteration. None of the bills provides a regulatory structure for medical cannabis dispensaries in the state.

While just about everyone in the MI safe access community seems to agree that these bills are far from perfect, there are varying opinions as to whether the 4 bills, when taken as a whole, are good, bad or neutral. Thankfully, citizen activists who made their way to Lansing were able to influence the bills to some degree while they were being considered in the House. Without their efforts, these bills would have been much worse, and it goes to show that even if a citizen lobbyist does not earn a 100% victory, it is still very much worth the effort. Ultimately, ASA feels that these bills are somewhere between quarter and a half step forward for safe access in Michigan, below are the reasons why. (more…)

Two weeks of medical cannabis news in review.

• Congresswoman Introduces Bill to Protect Landlords of Compliant Medical Marijuana Businesses – ASA PR
• Michigan court rules localities cannot use federal law as an excuse for violating state laws protecting medical cannabis patients – The Detroit News
• Case on Benefits of Marijuana Heads to Court – Huffington Post
• LA Councilman Bill Rosendahl comes out at as a medical cannabis patient – LA Times
• Detailed Rules for Medical Marijuana Proposed in Maine – Kennebec Journal
• Pharmacy Shutdown Hoax Revealed – San Diego ASA
• Medical Marijuana Advocates Mourn Pot Club Closures with Mock Funeral – SF Weekly
• Arizona prosecutors urge Governor Jan Brewer to end the medical marijuana program, citing threats from federal prosecutors. The Governor declined to intervene – Arizona Republic

Jonathan Bair is ASA’s Social Media Director.

This is a photo of me at the 2008 Democratic National Convention. I had just heard one of the most politically motivating speeches of my life from a candidate for president. I was moved to tears, joyous, and inspired. This candidate not only filled me with hope about the future of our nation, but said he would not interfere with access to legal medical cannabis.

I was ecstatic to be shedding the dark days of the Bush Administration’s war on medical cannabis patients. As a patient myself, I felt counted and part of the Change that would be coming to Washington, and I was proud to support and volunteer for Barack Obama’s victorious campaign.

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