MEDICAL CANNABIS UPDATE National Policy Newsletter

AMERICANS FOR SAFE ACCESS

Summer 2007 Volume 1, Issue 3

LEGISLATIVE UPDATE: Senate Sneak Attack on IN THIS ISSUE

State Medical Marijuana Laws
Staffers in ASA's national office have been
working overtime this past month to stave
off Congressional action that could threat-
en state medical marijuana laws. At issue is
an amendment to a Food and Drug
Administration (FDA) reauthorization bill.
ASA is educating key lawmakers and leg-
islative staff and organizing allied patient
groups in the HIV/AIDS community to
oppose the amendment.
On April 19, staunch medical marijuana
opponent Senator Tom Coburn (R-OK)
introduced a committee amendment to
S.1082, the Food and Drug Administration
Revitalization Act, which reauthorizes and
ORGANIZATION UPDATE:
ASA Joins with Leading
HIV Group to Co-Sponsor AIDS Watch 2007
In April, ASA joined with the nation's lead-
ing HIV/AIDS member-based group to raise
awareness about how safe and legal access
to cannabis can help many people living
with HIV/AIDS. Together with the National
Association of People with AIDS (NAPWA),
ASA co-sponsored AIDS Watch 2007, the
largest annual HIV/AIDS constituent-based
federal advocacy and education event in
the US.
As part of the event, hundreds of activists
and people living with HIV/AIDS visited
Congressional offices on Capitol Hill. There
they talked with Congressional representa-
tives and staff about increasing federal sup-
port for HIV/AIDS prevention, research,
ousing, and for the first time, medical
cannabis.
ASA Celebrates Five-Year Anniversary
April marked the anniversary of ASA's
founding in 2002. Five years later, what
began as a local, grassroots resistance to
federal raids on medical marijuana patients
and providers in California has become a
national force.
Over those five years, ASA has organized
hundreds of protests in cities across the
country to raise public awareness and cre-
ated educational literature for patients,
amends the Federal Food, Drug & Cosmetic
Act (FFDCA). While the amendment's stat-
ed purpose is "To evaluate the safety and
efficacy of medical marijuana," it is clearly
aimed at obstructing the effective imple-
mentation of state medical marijuana laws.
Whether the amendment survives in any
form, it is questionable whether or not the
FDA has or could be granted the legal
authority to interfere with state programs
and lengthy litigation is sure to ensue.
See the article from POLITICO here:
www.AmericansForSafeAccess.org/Politico
Coburn.
Numerous studies—including the federal
government's own 1999 Institute of
Medicine report—have demonstrated mar-
ijuana's effectiveness for treating pain and
nausea. Mounting scientific data, as well as
informal surveys of NAPWA's members,
shows medical cannabis also helps patients
manage the harsh side effects of HAART
(Highly Active Anti-Retroviral Therapy).
In 2005, Journal of AIDS reported that peo-
ple living with HIV/AIDS (PLHAs) who use
cannabis to combat nausea caused by
HAART therapy are approximately three
times more likely to adhere to their pre-
scribed drug therapies. In February, the jour-
nal Neurology reported cannabis reduces
neuropathy in PLHAs. More information is at
www.AmericansForSafeAccess.org/AIDSWatch.
doctors, researchers, and other stakehold-
ers. The ASA legal team has won signifi-
cant victories for patient rights, and we've
worked with local and state officials to
craft better laws and policies, including reg-
ulations for medical cannabis dispensaries.
As part of ASA's expanded national cam-
paign, this year we've opened a new office
in Washington, D.C., where two fulltime
staff work to educate members of
LEGISLATIVE: Amendment to
FDA Bill Aimed at States
ORGANIZATION: ASA Co-
Sponsors AIDS Watch 2007,
Celebrates Fifth Anniversary
RESEARCH: Cannabis
Compounds Fight Cancer
Marijuana May Slow MS
Progression
'Vaporization' Viable Delivery
Method
LEGAL: ASA Files for Judgment
on Marijuana Misinformation
Science Magazine Supports
ASA's FDA Lawsuit
Raich Drops Suit Against
Federal Government
Medical Marijuana Provider
Going to Prison
AROUND THE NATION:
New Mexico: Governor Gets
Medical Marijuana Law
Vermont: State Medical
Marijuana Law Expanded
Rhode Island: One-Year Law
to Become Permanent
Connecticut: Bill Goes to
Governor's Desk
Tennessee: Public Health
Official Fights to Save Farm
Washington: Conviction
Reversed on Medical Grounds
Nevada: Police Return
Patient's Medical Marijuana
Congress and their staff about why now is
the time for change.
With more than 35,000 active members
with chapters and affiliates in more than
forty states, ASA is now the largest nation-
al member-based organization of patients,
medical professionals, scientists and con-
cerned citizens promoting safe and legal
access to cannabis for therapeutic uses and
research.
 RESEARCH UPDATE
Study Shows Cannabinoids Fight Cancer
A Harvard University study has demonstrat-
ed that one of the active ingredients in
marijuana cuts tumor growth in common
lung cancer in half and significantly reduces
the ability of the cancer to spread.
THC, the primary psychoactive ingredient,
was tested in both lab and mouse studies.
Although the researchers do not know why
THC inhibits tumor growth, they say the
substance could be activating molecules
that arrest the cell cycle. They speculate
that THC may also interfere with angiogen-
esis and vascularization, which promotes
Cannabis May Slow Progression of MS
Many of the 2.5 million people suffering
from Multiple Sclerosis report that their
painful symptoms are eased by marijuana.
But an international research team investi-
gating how marijuana's constituent chemi-
cals might treat MS have found they could
significantly enhance therapy, not only by
reducing nerve damage and erratic nerve
impulses, but perhaps even by hindering
development of the condition.
The researchers from the US, England,
Germany, Japan, Belgium, Scotland pub-
lished their findings in the April issue of
Smokeless Cannabis Delivery System Safe
A team of researchers at the University of
California, San Francisco medical school
and SF General Hospital have demonstrat-
ed that a smokeless method of delivering
the active chemicals in cannabis is safe and
effective.
While a large-scale study conducted by
one of the world's leading pulmonary spe-
cialists showed that even heavy cannabis
smokers had no increased risk of lung
cancer, the tars and other byproducts of
combustion remain a concern, particularly
for those who are most seriously ill.
As the researchers note, "Although
cannabis may have potential therapeutic
value, inhalation of a combustion product
Americans for Safe Access CONGRESSIONAL NEWSLETTER
510-251-1856 • info@AmericansForSafeAccess.org • www.AmericansForSafeAccess.org
cancer growth. The findings confirm other
international studies showing marijuana's
tumor-fighting properties.
An article about the study appeared in
FORBES and can be seen here:
www.AmericansForSafeAccess.org/Forbes
CancerStudy.
More from the American Association for
Cancer Research can be seen here:
www.AmericansForSafeAccess.org/AACRS
tudy.
Nature. An article about their findings can
bee seen at:
www.AmericansForSafeAccess.org/MSStud
yArticle
An abstract of the article, entitled "Direct
suppression of CNS autoimmune inflam-
mation via the cannabinoid receptor CB1
on neurons and CB2 on autoreactive T
cells," can be seen at:
www.AmericansForSafeAccess.org/Nature
MSStudy.
is an undesirable delivery system." The clin-
ical trial utilized a "vaporizer," a device that
heats the cannabis to a temperature just
below ignition, releasing the cannabinoids
in the plant material for inhalation as a
heated mist.
The study concludes that "vaporization of
cannabis is a safe and effective mode of
delivery of THC. Further trials of clinical
effectiveness of cannabis could utilize
vaporization as a smokeless delivery sys-
tem."
See more information at
www.AmericansForSafeAccess.org/MAPSV
aporizerStudy.
LEGAL UPDATE
Raich Drops Suit Against
Federal Government
Increasing health problems have com-
pelled a patient to drop her latest bid
to win protection from federal prose-
cution.
Angel Raich made history when she
convinced a federal appeals court that
the US government should not have
jurisdiction over medical marijuana she
was using in compliance with state law;
the US Supreme Court overturned that
ruling. She was pursuing another
appeal in her attempt to get an injunc-
tion against the federal government.
More about her fight can be seen at
www.AmericansForSafeAccess.org/Raic
hDropsCase
SF Bay Area Medical
Marijuana Provider Going
to Federal Prison
The owner of a West Oakland ware-
house where thousands of medical
marijuana plants were grown apolo-
gized in federal court but was still sen-
tenced to 30 months in prison.
Thomas Grossi, 62, of Lafayette was
convicted in January 2006 of a federal
charge of making a warehouse avail-
able for growing marijuana. The jury
deadlocked on a similar charge involv-
ing another property that Grossi
owned in East Oakland.
Grossi's attorney, David M. Michael,
asked the court for some leniency, saying
his client was a decorated helicopter
pilot who served in Vietnam and who
didn't proactively decide to grow mari-
juana but instead let his properties be
used for cultivation purposes. Those
growing the marijuana have said that it
was for medical use and was to be dis-
tributed through patient dispensaries.
For more on this story, see
www.AmericansForSafeAccess.org/Oak
landProviderSentenced.
 LEGAL UPDATE
ASA Forces
Government's Hand
on Medical Marijuana
Misinformation
For more than three years, the federal
government has been stalling on cor-
recting its misinformation about med-
ical cannabis. But new legal action by
ASA should force the government to
act soon.
In October 2004, ASA filed a legal peti-
tion with the U.S. Department of
Health and Human Services (HHS), ask-
ing that the department stop saying
that marijuana "has no currently
accepted medical use in treatment in
the United States."
This petition was a landmark use of a
little-known law called the Data
Quality Act (DQA), which requires that
federal agencies use sound science in
the information they disseminate and
the policies they make.
Science Supports ASA Legal Challenge to
Government Misstatements on Cannabis
An editorial in May 4 edition of Science, the
journal of the American Association for the
Advancement of Science, supports ASA's
lawsuit asking for a correction of the misin-
formation about medical marijuana being
spread by the Food and Drug
Administration (FDA). Such mention in one
of the world's most prestigious scientific
magazines would be noteworthy on its
own, but it's even more so when the author
was formerly the FDA Commissioner and
president of Stanford University.
In "Turning the Tables with Mary Jane," the
editor, Donald Kennedy, writes:
"Americans for Safe Access (ASA), a group
advocating marijuana availability for severe-
ly ill patients needing pain or nausea relief,
petitioned the Department of Health and
Human Services (HHS) under the DQA in
2004. They alleged that HHS made false
statements in its publications and its Web
site, in particular that marijuana "has no
currently accepted medical use in treatment
in the United States." ASA cited an Institute
of Medicine study that acknowledged ben-
efits from the use of marijuana and cannabi-
noid derivatives and referenced double-
blind clinical trials demonstrating relief from
pain and vomiting. HHS delayed a response
for months beyond its own deadline, reject-
ed the petition, and then rejected the
appeal.
"ASA finally brought its case to federal
court, asking it to substitute for the agency's
false statement one that says, "Adequate
and well-recognized studies show the effi-
cacy of marijuana in the treatment of nau-
sea, loss of appetite, pain and spasticity."
Will the judge make HHS change, giving
ASA the injunctive relief it seeks? We'll have
to wait to see whether this case turns the
tables on DQA, but it's already clear that
HHS has violated its own DQA guidelines--
going, you might say, one toke over the
line."
For the complete editorial, see
http://www.sciencemag.org/cgi/content/full
/316/5825/661.

After more than two years of delays,

HHS finally rejected the petition, and in
February, ASA filed a lawsuit to force
the federal government to acknowl-
edge its own reports and recommenda-
tions on medical cannabis.
The latest move is a motion for summa-
ry judgment that should compel the
government to answer immediately.
By filing the motion for summary judg-
ment, ASA will force the case to be
heard in roughly 90 days. This rare
legal move, where judgment is
requested from the court before the
government has a chance to answer
the lawsuit complaint, indicates ASA's
confidence in the volume of scientific
evidence demonstrating marijuana's
medical efficacy.
To read more about ASA's lawsuit, see
www.AmericansForSafeAccess.org/DQA.
AROUND THE NATION
NEW MEXICO: Guv Gets Medical Marijuana Law
Whenever another state passes a law protecting medical marijuana patients from incar-
ceration it's a big news event. But when the bill passes because of the personal interven-
tion of the state's governor, and that governor also happens to be a candidate for
President, it's something that can change the national debate. To date, federal agencies
and Congress alike have been unwilling to fully engage the issue of the safe and legal
access the American public supports. Gov. Richardson may change that.
See more on this at www.AmericansForSafeAccess.org/NMLawPasses.
VERMONT: State Medical Marijuana Law Expanded
The two-year-old medical marijuana law in Vermont has now been expanded to include
more medical conditions. While a step in the right direction, instead of letting doctors
make the determination as to appropriate patients and conditions for medical marijuana
treatment, Vermont's lawmakers are prescribing which patients should be protected from
prosecution.
See more at www.AmericansForSafeAccess.org/VTLawExpanded.

Americans for Safe Access CONGRESSIONAL NEWSLETTER

510-251-1856 • info@AmericansForSafeAccess.org • www.AmericansForSafeAccess.org
RHODE ISLAND: Law to Become Permanent
A "sunset provision" in the medical marijuana law Rhode Island
passed last year means that state lawmakers have to get a new bill
on the books by the end of June for the program to continue. The
bill was vetoed by the governor, as expected. (He also attempted
to block the bill a year ago.) But the success of the state program
is undeniable, and the margin of support was even more over-
whelming this year: more than 85% of the Senate and nearly 81%
of the House voted in favor.
See more on why an override of the veto is certain at
www.AmericansForSafeAccess.org/RILawRenewed.
CONNECTICUT: Bill Goes to Governor's Desk
With a University of Connecticut poll showing 83% of voters sup-
port a medical marijuana law, legislators there have passed one,
after five years of consideration. Passage was helped by a lawmak-
er's moving account of buying marijuana illegally for her cancer-
stricken husband. The bill is on the desk of Governor M. Jodi Rell,
who has not said if she will sign it.
For this, the federal government decided to make an example of
him. But the judge, recognizing the esteem in which he's held by
the community, sentenced Ellis to a halfway house instead of jail.
So the government is trying to seize his farm.
Read more about his fight at
www.AmericansForSafeAccess.org/TNPatientFights.
WASHINGTON: Appeals Court Reverses
Marijuana Conviction on Medical Grounds
Many state laws, Washington's included, require patients to be
registered with a state agency to legally use medical marijuana.
But the intent of medical marijuana laws is clearly to protect
patients from arrest and imprisonment, not create more paper-
work. A state appeals court just agreed, reversing the conviction
of an elderly man who had not registered at the time of the raid
but is now and was using marijuana to treat his glaucoma.
See more about his case at
www.AmericansForSafeAccess.org/WAConvictionReversed.

Find out more at NEVADA: Police Return Patient's Marijuana

www.AmericansForSafeAccess.org/CTLawAwaitsGov.
TENNESSEE: Public Health Official Fighting
to Save His Farm from Federal Forfeiture
Bernie Ellis has devoted his life to helping others, including work-
ing as in public health as an epidemiologist and substance abuse
specialist. He also provided to terminally ill friends and neighbors
small amounts of the medical marijuana he uses for chronic pain.
in First of Kind Action
ASA has helped many California patients retrieve their medical
marijuana from law enforcement after erroneous seizures, but the
case of a Nevada woman who reclaimed her marijuana from Las
Vegas Police appears to be a first in that state.
Read about the details at
www.AmericansForSafeAccess.org/NVMedicineReturned.

ABOUT AMERICANS FOR SAFE ACCESS

ASA is the largest national member-based organization of patients, med-

ical professionals, scientists and concerned citizens promoting safe and
legal access to cannabis for therapeutic uses and research.

ASA works in partnership with state, local and national legislators to over-
come barriers and create policies that improve access to cannabis for
patients and researchers. We have more than 30,000 active members with
chapters and affiliates in more than 40 states.

The mission of Americans for Safe Access is to ensure safe and legal access
to cannabis for therapeutic uses and research.

Americans for Safe Access CONGRESSIONAL NEWSLETTER

510-251-1856 • info@AmericansForSafeAccess.org • www.AmericansForSafeAccess.org