Marijuana.com

Plainsman1963

Group sues US Government over Medical Marijuana Claims
02.21.07|international herald tribune

Armed with a new study showing the drug can ease pain in some HIV patients, medical-marijuana advocates sued the federal government over its claim that pot has no accepted medical uses.

The lawsuit, filed in federal court Wednesday by Americans for Safe Access, accuses the government of arbitrarily preventing "sick and dying persons from seeking to obtain medicine that could provide them needed and often lifesaving relief."

The Food and Drug Administration's position on medical marijuana "is incorrect, dishonest and a flagrant violation of laws requiring the government to base policy on sound science," Joe Elford, said chief counsel for Americans for Safe Access.

Christina Pearson, a spokeswoman for the Department of Health and Human Services, said the agency does not comment on pending litigation.

California is one of 11 U.S. states that have made marijuana legal for people with a doctor's recommendation. But because the U.S. government does not recognize pot's medical benefits, federal authorities can still arrest patients.

Last week, researchers from the University of California at San Francisco reported in the journal Neurology that a test involving 50 HIV patients showed that those who smoked pot experienced much less pain than those given placebos.

 

DankDealer

I am VERY excited to see where this will go. Imagine the changes that would come from winning a lawsuit like that. It just makes me wanna

SirSmokaALot

*gasp* somebody... putting my fantasy to play... suing the government!

Swabeky

Don't get your hope up to high. It's one study and you can bet your ass ONDCP and the DEA among other agencies have already looked at the study and are tearing it apart bit by bit

Buzzby

They don't tear apart positive studies. They just ignore them. If The Powers That Be don't like the results of a study, even if they commissioned the study, they just pretend that it never happened.

__________________

 

Swabeky

That's true, but I can't imagine them going to court without some sort of plan to destroy the credibility of the study.

stoneygreenbud

Nation Turns It's Eyes to ASA'S Lawsuit

Dear ASA Supporter,

On Wednesday, Americans for Safe Access (ASA) filed a lawsuit against the US
Department of Health and Human Services (DHHS) challenging the agency’s
position that cannabis has no medical value. This lawsuit is the culmination of
three years of hard work and the beginning of an exciting new chapter in the
campaign for safe access. The lawsuit will force DHHS to concede that cannabis
has medical value based on their own science! This will break the federal
gridlock on this issue and give Congress the safe space that our research
indicates they need to move forward on this issue.

This litigation is an exciting step towards federal progress – progress that
may end the DEA raids at medical cannabis facilities in Washington and
California and give hope to more than 100 defendants facing prosecution in
federal court. The filing of the lawsuit is only the first step. ASA’s legal
team must now prepare for additional briefings, discovery, hearings, and
ultimately a trial. We can not do this with out you! Please pledge your support
to us today! ASA*:*Join ASA

The impact of the litigation is already being felt nationwide. Hundreds of
stories have been published and broadcast, including coverage in:
The Los Angeles Times: ASA*:*Advocacy group's suit calls on U.S. to acknowledge pot's medicinal value
The New York Times: ASA*:*U.S. Is Sued Over Position on Marijuana
Kaiser Daily HIV/AIDS Report: ASA*:*Pot activists sue feds over 'false' data about drug
Oakland Tribune: ASA*:*Pot activists sue feds over 'false' data about drug
San Francisco Chronicle: ASA*:*Medical marijuana activists cite little-known law in suit
and an Associated Press story (ASA*:*Medical Marijuana Advocates Sue Feds)
published in more than 200 other newspapers! There was coverage on television
stations nationwide, including the CNN Ticker. This story has also generated a
huge buzz on the Internet, including postings on dozens of message boards and a
diary on Dialy Kos (Daily Kos: State of the Nation)

ASA set out to bring the issue of medical cannabis to the national stage, and
we have done just that! Now we are working to channel a groundswell of
grassroots support towards real change on this issue. Just look at some of what
is happening:

• Barbara T. Roberts, Ph.D., ASA’s director of Medical and Scientific
Affairs, is leading ASA’s call for Congressional hearings on the 1999 Institute
of Medicine Report (IOM) on medical cannabis. Dr. Roberts commissioned the IOM
report when she was Senior Policy Analyst for the White House Office of
National Drug Control Policy (ONDCP). Dr. Roberts and ASA's advisory board are
working to keep medical cannabis in the mainstream of healthcare policy debate.

• Last week, the journal Neurology published the results of a
groundbreaking scientific study by UCSF Researcher Dr. Donald Abrams. The study
shows that smoked cannabis is a safe and effective treatment for neuropathy in
patients suffering from HIV/AIDS. ASA staff worked hard to be sure the media
covered this story and explained its significance to the public. Our efforts
were successful, as more than 600 media outlets covered the story.

• The National Association of People With AIDS (NAPWA) will bring 400
activists to Washington, DC, in April for AIDSWatch 2007, the largest
grassroots advocacy effort of its kind. This year, NAPWA will partner with ASA
to promote our national policy agenda calling for safe access to medicine,
research, and an end to federal raids at medical cannabis facilities. Expanding
the national coalition advocating for medical cannabis rights is a key
component of our national strategy.

I know that medical cannabis patients and providers still face legal risks
every day, but we are breaking down the barriers in Washington, DC that stand
between legal patients and their medicine. Our new lawsuit, the possibility of
Congressional hearings on medical cannabis, new scientific research, and a
growing coalition for change are all pushing our issue in the right direction.

We are going to make a big difference for patients – if we have the resources
we need to do it. It takes a lot of hard work and money to maintain this level
of activity. The Data Quality Act lawsuit took one year of planning and two
years of legal maneuvering to get to the filing day! Unlike other national
organizations, ASA does not have grants or wealthy patrons. We rely on support
from medical cannabis patients and supporters like you for our entire budget.
It is crucial that everyone who believes in the work we do make a financial
commitment to making it happen.

Will you please take a minute right now to visit our new web site and make a
monthly pledge of support? Just $10, $15, or $25 per month makes a difference.
You may also choose to make a larger one-time contribution to help us at this
strategic moment. With your support, we know we have the money to keep
operating and doing this important work.
ASA*:*Join ASA

Thank you for your generous support! I look forward to working with each of you
this year.

Sincerely,

Steph Sherer
Executive Director
Americans for Safe Access
ASA*:*Index

For more information about the federal lawsuit, visit the Data Quality Act
section of ASA’s website: ASA*:*Recognizing Science using the Data Quality Act

Buzzby

I doubt that it will ever see the inside of a courtroom. The federal government can be sued only when it agrees to be sued.

t-1000

He said it... they just tell you to get lost

Swabeky

Yes what is it called, sovereign immunity? but If I can remember from AP Gov last year doesn't Congress get to decide to some degree if the government can be sued? Anyways, There are some MMJ congressmen and woman who will give this thing a more fair shot then it would of had 20 years ago.

*note* Don't take my knowledge on government too seriously as I only have an AP education lol

Keep the hope.