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Jan-23-2013 12:36printcomments

ASA vs US Court of Appeals: Cannabis Studies DENIED

The Court ignores the existence of over 200 credible studies on marijuana.

cannabis medicine

(WASHINGTON DC) - The United States Court of Appeals for the D.C. Circuit issued a ruling this week in the medical marijuana reclassification case, Americans for Safe Access v. Drug Enforcement Administration.

In a 2-1 decision, the Court granted standing in the case -- the right to bring a claim against the federal government -- but denied the legal challenge on the merits, agreeing with the government's assertion that "adequate and well-controlled studies" on the medical efficacy of marijuana do not exist.

"To deny that sufficient evidence is lacking on the medical efficacy of marijuana is to ignore a mountain of well-documented studies that conclude otherwise," said Joe Elford, Chief Counsel with Americans for Safe Access (ASA), the country's leading medical marijuana advocacy organization, which appealed the denial of the rescheduling petition in January of last year.

"The Court has unfortunately agreed with the Obama Administration's unreasonably raised bar on what qualifies as an 'adequate and well-controlled' study, thereby continuing their game of 'Gotcha.'"

ASA intends to seek En Banc review by the full D.C. Circuit and,necessary, the organization will appeal to the U.S. Supreme Court.

ASA intends to argue that the Obama Administration has acted arbitrarily and capriciously by using continually changing standards of "medical efficacy" in order to maintain marijuana as a Schedule I substance, a dangerous drug with no medical value.

The government now contends that Stage II and III clinical trials are necessary to show efficacy, while ASA has consistently argued that the more than 200 peer-reviewed studies cited in the legal briefs adequately meet this standard.

In 2002, the Coalition for Rescheduling Cannabis, made up of several individuals and organizations including ASA, filed a petition to reclassify marijuana for medical use. That petition was denied in July 2011, after ASA sued the Obama Administration for unreasonable delaying the answer.


The appeal to the D.C. Circuit was the first time in nearly 20 years that a federal court has reviewed the issue of whether adequate scientific evidence exists to reclassify marijuana.

"The Obama Administration's legal efforts will keep marijuana out of reach for millions of qualified patients who would benefit from its use," continued Elford. "It's time for President Obama to change his harmful policy with regard to medical marijuana and treat this as a public health issue, something entirely within the capability and authority of the executive office."

Patient advocates claim that marijuana is treated unlike any other controlled substance and that politics have dominated over medical science on this issue. Advocates point to a research approval process for marijuana, controlled by the National Institute on Drug Abuse (NIDA), which is unique, overly rigorous, and hinders meaningful therapeutic research.

ASA argues in its appeal brief that the DEA has no "license to apply different criteria to marijuana than to other drugs, ignore critical scientific data, misrepresent social science research, or rely upon unsubstantiated assumptions, as the DEA has done in this case."

ASA will continue to put pressure on the Obama Administration, but will also be lobbying Members of Congress to reclassify marijuana for medical use. A new comprehensive public health bill on medical marijuana is expected to be introduced soon in Congress, and ASA is holding a national conference in February to support its passage.

Roger Christie is a minister incarcerated in a federal prison in Honolulu, Hawaii. He responded to the ruling, "Aloha to thee. How interesting to see this news. It makes me sad for all the millions of deserving medical patients. Hopefully it will generate even more action to legalize 'marijuana' on the state level and bypass medical marijuana.

"It makes me extra grateful to have a spiritual practice to deal with negative and challenging news like this to help 'turn bummers into blessings':

"God, that's great they decided this way! Please show us the blessings in THIS situation ... and hurry! We are safe, we are loved and all is well.

I'm grateful that the U.S. federal government DOES RECOGNIZE the sacramental / religious use of 'marijuana'.
I'm grateful that the D.E.A. has applications to apply for a 'religious exemption' for sacramental Cannabis.
I'm grateful that we have a case resting on the religious use of Cannabis sacrament, and other defenses.
I'm grateful that we have an expert witness declaring our THC Ministry to be legitimate.
I'm grateful that we were 'sincere' in operating the THC Ministry.
I'm grateful that we have a Motion to Dismiss all charges based on the religious use of Cannabis.
I'm grateful that I have an ordainment in a bona fide church as a "Cannabis sacrament" Minister.
I'm grateful that I have a license to marry people as a "Cannabis sacrament" Minister from the State of Hawai'i.
I'm grateful that we will soon attempt to get approved for the first religious defense in U.S. federal history.

"... and so much more," shared Roger Christie, in response to the Court's decision.




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