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Media Advisory: Federal Position on Medical Marijuana Put Before Ninth Circuit Today
Posted in In the Trenches by David Guard on Tue, 04/14/2009 - 5:25pmMEDIA ADVISORY
Americans for Safe Access
For Immediate Release: April 14, 2009
Contact: 510-251-1856 x307
Federal Position on Medical Marijuana Put Before Ninth Circuit Tuesday
Federal hearing is latest battle on whether policy is based on science or politics
San Francisco, CA -- Medical marijuana advocates will get to argue before the federal Ninth Circuit Court of Appeals on Tuesday, April 14th, the right to challenge an outdated position held by the federal government: "marijuana has no currently accepted medical use in treatment in the United States." The national advocacy group Americans for Safe Access (ASA) filed a lawsuit in February 2007 demanding that the federal government cease issuing misinformation and correct its statements on medical marijuana. "We welcome the Obama Administration's recently stated commitment to making policy decisions based on science, not politics," said Joe Elford, Chief Counsel with ASA. "This case is designed to ensure that the federal government's policy on medical marijuana is not politically motivated."
What: Oral arguments in a case before the Ninth Circuit that challenges the government's position on medical marijuana
When: Tuesday, April 14, 2009 at 9:30 a.m.
Where: Ninth Circuit Court of Appeals, Courtroom 4 at 95 Seventh Street, San Francisco, CA
In order to challenge the government's position, advocates are using a little-known law called the Data Quality Act (DQA). The DQA requires federal agencies such as Health and Human Services (HHS) and the Food and Drug Administration (FDA) to rely on sound science when disseminating information to the public. One of the main issues in the case is whether citizens have a right to challenge government information believed to be inaccurate or based on faulty, unreliable data.
"The science to support medical marijuana is overwhelming," said ASA Executive Director Steph Sherer. "It's time for the federal government to acknowledge the efficacy of medical marijuana and stop holding science hostage to politics." On March 9, 2009, President Obama issued a memorandum to the heads of executive departments and agencies stating that, "The public must be able to trust the science and scientific process informing public policy decisions," and calling for "transparency in the preparation, identification, and use of scientific and technological information in policymaking."
The original DQA petition was filed in October of 2004, aimed at forcing the Department of Health and Human Services (HHS) -- the FDA's parent agency -- to correct statements about the medical value of marijuana. After more than two years of delay by the federal government and a refusal to act on the petition, a lawsuit was filed in February of 2007. Despite a rejection by the federal district court in late 2007, Science Magazine published an editorial that year claiming that HHS had "violated its own DQA guidelines."
Preeminent legal scholar Alan Morrison, who founded Public Citizen's Litigation Group and who currently teaches at American University's Washington College of Law, is co-counsel in the case and will be arguing before the court on behalf ASA and patients across the country. "Citizens have a right to expect the government to be transparent and to use the best available information for policy decisions," said Morrison. "Unfortunately, so far, the government has been anything but transparent and has failed to produce any evidence for its policy statements on medical marijuana." In April 2006, while ASA was awaiting a response to the petition from HHS, the FDA issued a statement claiming that it conducted an "inter-agency review" and had "concluded that no sound scientific studies supported medical use of marijuana..." However, none of the alleged scientific evidence used to reach that conclusion was ever provided to ASA or the public.
Further information:
DQA Opening Appeal Brief: http://AmericansForSafeAccess.org/downloads/DQA_Appeal_Brief.pdf
President Obama's memorandum on scientific integrity: http://www.whitehouse.gov/the_press_office/Memorandum-for-the-Heads-of-E...
DQA Background info: http://www.safeaccessnow.org/DQA
ASA is the bombdiggity! Go for it! Kick that federalie bootay!
Anybody notice our new format? Hope yaz like it as much as I do and a thanks to our admin, silent but on it.
American Indian wants
smoking ban exemption
for religious ceremonies
HAMILTON, Ill. — Larry Cooper is not a smoker. The Hancock County man couldn't care less that the state's 14-month-old Smoke Free Illinois Act prevents lighting up in restaurants or restricts smoking in public areas. Cooper is an American Indian, visibly proud of his heritage, and his concern is that the legislation makes it nearly impossible to conduct indoor tribal religious ceremonies. Those ceremonies include using smoke from burning prairie grasses, herbs and pure tobacco and the use of ceremonial pipes. Cooper, a member of the Standing Bear Council, is seeking an amendment to the state act that exempts such religious practices. "It (would mean) nothing to the general public," he said. Illinois Sen. John Sullivan, D-Rushville, introduced the state act amendment in February. It will be heard in the Senate's Public Health Committee on Tuesday. If it passes, it will go to the full Senate for a vote. Sullivan said if the necessary approvals are then gathered from the Illinois House, it could be May before the amendment becomes part of the act. The language in Senate Bill 1685 reads, "'smoke' or 'smoking' does not include smoking that is associated with a recognized religious ceremony, ritual, or activity." Sullivan said the issue with the law was brought to his attention by Cooper. He added that he's also met with opponents of any change to the smoke-free act. "It should be a good argument," he said of the committee discussion. Smoke is a large part of American Indian ceremonies and celebrations. One practice, called smudging, is a cleansing ritual before American Indians go into the "circle" to dance. Sage is burned to cleanse the spirit as part of the practice. "We're not just out there dancing," Cooper said. "The circle is a sacred place, and you don't enter it without being cleansed. We try to teach traditional things, so why would we ... do it untraditionally?" Grasses such as prairie sage, lavender and black cedar are crushed and steeped in a stone bowl for at least some of the ceremonies. The process appears similar to burning incense, which Cooper said is also not allowed under Illinois' new smoking act. "Different herbs are used for different processes," he said. "There are no chemicals in any of the herbs." Since the smoke-free act was passed, Cooper said he and other practitioners have been told the ceremonies must be conducted outdoors. He likens that to members of a church having to go outside to take communion. "This is not right," he said. "We shouldn't have to do that. We have to draw a line somewhere." Cooper said he knew seven months before the act was passed by state legislators that it would infringe on the religious rights of American Indians. "I tried then to get the amendment," he said. There was a similar issue when Iowa passed a smoking ban recently. But Cooper said it took just a few telephone calls and a few weeks to get an amendment passed through the Iowa Legislature. Cooper said he has been contacted by an attorney for the American Cancer Society about his requests. He said the attorney asked him not to pursue the amendment and told him a federal law protecting such religious practices should usurp the state law. But Cooper argues that most everyone in Illinois is familiar with the state ban but few know about the federal allowance. "By federal law we have the right," he said. "But it's not our job to try to explain this to people. We shouldn't have to debate what we can and can't do." While Cooper waits for a state legislative decision on the proposed amendment, he's busy at his home office making calls to American Indian groups around the country. He's no longer asking for amendment support but is asking American Indian groups to no longer donate to agencies such as the cancer society that oppose the amendment. "I'm just asking them, but I've had a very good response," he said. An attorney for the cancer society did not return a message seeking comment on the amendment. "I'm looking for a means of coming back and putting pressure on the ones coming at us," Cooper said. "Our people have been very generous. There are enough of us nationwide - I'm sure we can put a stop to it. We'll (hold back) money from the ones creating the problems." Your humble narrator is Sioux as well as veddy English unt German. Personally, I am For getting rid of the damned fags as I watch my friends who puff the evil weed of tobacco cough their lungs up after bonging it up with the bush. I cough, too, but it is soo much different for me because I don't suck down them cancerettes. But, for religious purposes, state law must yeild for the religious execption. period. Lots of such gatherings do not inhale. Did you know that? We don't inhale the peace pipe, folks. Well, uh, some of D0, but no one seems to notice lol bushMore Articles...
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