2
SAN DIEGO - Medical marijuana patients around the country scored a major win this month, as a California Superior Court judge issued a prelimi- nary ruling that state medical marijua- na laws can co-exist with the federal law that prohibits all use. Even before the oral arguments by ASA Chief Counsel Joe Elford and attorneys from the American Civil Liberties Union and the Drug Policy Alliance, as well as the California Attorney General's office, a San Diego Superior Court judge issued a tentative ruling rejecting the contention of three California counties - San Diego, San Bernardino and Merced - that the state's medical marijuana laws are invalid because of a conflict with federal law. "Medical cannabis patients everywhere can breathe easier," said Steph Sherer, ASA executive director. "States can act to protect patients, and local officials are now on notice that they cannot hide behind the federal reluctance to acknowledge medical use." The Compassionate Use Act, enacted by voters in 1996 as Proposition 215, removes legal penalties for patients who use marijuana on a doctor's rec- ommendation. The Medical Marijuana Program Act, passed by the California legislature in 2003, clarifies implemen- tation of the initiative and mandates an identification card program that protects qualified patients from arrest. In addition to pressing the court to finalize its ruling, ASA, the ACLU and the Drug Policy Alliance asked the court to order the counties to immediately implement the state-mandated medical marijuana identification card systems. "San Diego County Supervisor Bill Horn said today that what the county want- ed was guidance from the court," said ASA Chief Counsel Joe Elford. "We now have guidance, so we look forward to the county moving forward with an ID card program." The California Attorney General's office joined the ACLU, ASA and the Drug Policy Alliance (DPA) in arguing that state medical marijuana laws are not invalidated by conflicting federal Americans for Safe Access Monthly Newsletter Defending Patients’ Access to Medical Marijuana December 2006 Volume 1, Issue 12 Americans for Safe Access • 1322 Webster Street, Suite 402 • Oakland, CA 94612 510-251-1856 • [email protected] • www.AmericansForSafeAccess.org ASA staffers have recently attended and had booths at the National MS Society conference and the Students for Sensible Drug Policy conference, where the message of safe access has been well received. But it was the American Public Health Association's national conference that was most exciting, since ASA staff not only met with many interested health profes- sionals but returned home with the third-place award for "Best New Exhibitor Booth." ASA was among more than 100 new exhibitors at the American Public Health Association's 134th Annual Meeting and Exposition, which con- cluded yesterday. The third-place award was the result of an anonymous vote by a special committee of the more than 800 attending exhibitors. Lynn Schoen, the APHA conference coordinator came by the ASA exhibit to explain that the committee had noted the content, presentation and overall look and feel of the booth in confer- ring the award. "This award is a real confirmation of ASA's commitment to improving public health," said Caren Woodson, ASA's director of government affairs. "We've been asked to return next year, and we're hoping to make a presentation, not just exhibit. We'll be talking about how cannabis can improve outcomes of conventional treatments." The APHA, an organization with more than 50,000 members, has been on record as supporting legal access to cannabis for research and medical use since 1995. Their resolution "urges the Administration and Congress to move expeditiously to make cannabis avail- able as a legal medicine where shown to be safe and effective and to immedi- ately allow access to therapeutic cannabis through the Investigational New Drug Program." The APHA Annual Meeting and Exposition is the oldest and largest gathering of public health profession- als in the world, attracting more than 13,000 participants. Next up on ASA’s conference tour is the National Association of People with AIDS (NAPWA) “Staying Alive” confer- ence, where we are presenting a mini- Award for ASA Exhibit from American Public Health Association ASA Helps Defeat Counties' Challenge to California Patient Protections (continued, p2) (continued, p2)

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Page 1: Americans for Safe Accessamerican-safe-access.s3.amazonaws.com/documents/DecNewslette… · an identification card program that protects qualified patients from arrest. In addition

SAN DIEGO - Medical marijuanapatients around the country scored amajor win this month, as a CaliforniaSuperior Court judge issued a prelimi-nary ruling that state medical marijua-na laws can co-exist with the federallaw that prohibits all use.

Even before the oral arguments by ASAChief Counsel Joe Elford and attorneysfrom the American Civil Liberties Unionand the Drug Policy Alliance, as well asthe California Attorney General'soffice, a San Diego Superior Courtjudge issued a tentative ruling rejectingthe contention of three Californiacounties - San Diego, San Bernardinoand Merced - that the state's medicalmarijuana laws are invalid because of aconflict with federal law.

"Medical cannabis patients everywherecan breathe easier," said Steph Sherer,ASA executive director. "States can act

to protect patients, and local officialsare now on notice that they cannothide behind the federal reluctance toacknowledge medical use."

The Compassionate Use Act, enacted byvoters in 1996 as Proposition 215,removes legal penalties for patientswho use marijuana on a doctor's rec-ommendation. The Medical MarijuanaProgram Act, passed by the Californialegislature in 2003, clarifies implemen-

tation of the initiative and mandatesan identification card program thatprotects qualified patients from arrest.

In addition to pressing the court tofinalize its ruling, ASA, the ACLU andthe Drug Policy Alliance asked the courtto order the counties to immediatelyimplement the state-mandated medicalmarijuana identification card systems.

"San Diego County Supervisor Bill Hornsaid today that what the county want-ed was guidance from the court," saidASA Chief Counsel Joe Elford. "We nowhave guidance, so we look forward tothe county moving forward with an IDcard program."

The California Attorney General's officejoined the ACLU, ASA and the DrugPolicy Alliance (DPA) in arguing thatstate medical marijuana laws are notinvalidated by conflicting federal

Americans for Safe AccessM o n t h l y N e w s l e t t e r

Defending Patients’ Access to Medical Mari juana

December 2006 Volume 1, Issue 12

Americans for Safe Access • 1322 Webster Street, Suite 402 • Oakland, CA 94612

510-251-1856 • [email protected] • www.AmericansForSafeAccess.org

ASA staffers have recently attendedand had booths at the National MSSociety conference and the Studentsfor Sensible Drug Policy conference,where the message of safe access hasbeen well received. But it was theAmerican Public Health Association'snational conference that was mostexciting, since ASA staff not only metwith many interested health profes-sionals but returned home with thethird-place award for "Best NewExhibitor Booth."

ASA was among more than 100 newexhibitors at the American PublicHealth Association's 134th AnnualMeeting and Exposition, which con-cluded yesterday. The third-placeaward was the result of an anonymousvote by a special committee of the

more than 800 attending exhibitors.Lynn Schoen, the APHA conferencecoordinator came by the ASA exhibit toexplain that the committee had notedthe content, presentation and overalllook and feel of the booth in confer-ring the award.

"This award is a real confirmation ofASA's commitment to improving publichealth," said Caren Woodson, ASA'sdirector of government affairs. "We'vebeen asked to return next year, andwe're hoping to make a presentation,not just exhibit. We'll be talking abouthow cannabis can improve outcomes ofconventional treatments."

The APHA, an organization with morethan 50,000 members, has been onrecord as supporting legal access to

cannabis for research and medical usesince 1995. Their resolution "urges theAdministration and Congress to moveexpeditiously to make cannabis avail-able as a legal medicine where shownto be safe and effective and to immedi-ately allow access to therapeuticcannabis through the InvestigationalNew Drug Program."

The APHA Annual Meeting andExposition is the oldest and largestgathering of public health profession-als in the world, attracting more than13,000 participants.

Next up on ASA’s conference tour is theNational Association of People withAIDS (NAPWA) “Staying Alive” confer-ence, where we are presenting a mini-

Award for ASA Exhibit from American Public Health Association

ASA Helps Defeat Counties' Challenge to California Patient Protections

(continued, p2)

(continued, p2)

Page 2: Americans for Safe Accessamerican-safe-access.s3.amazonaws.com/documents/DecNewslette… · an identification card program that protects qualified patients from arrest. In addition

institute on medical cannabis andHIV/AIDS.

Next year ASA is planning on being avoice for patients at the followingmedical, scientific and condition-basedconferences:

The International Cannabis ResearchSociety, the American Pain SocietyAnnual Meeting, the U.S. Conferenceon AIDS, the American Association ofCancer Research meeting, the NationalAlzheimer’s Society conference, andthe AARP annual meetings and expoevents.

The therapeutic opportunities offeredby the body's own cannabinoid systemare the focus of two pieces of recentlypublished research.

Since the endocannabinoid system wasdiscovered in the 1990s, scientist'sknowledge of the endogenouscannabinoid system, its physiology,pharmacology and therapeutic poten-tial has expanded enormously.

In the first study, published in theDecember issue of Fundamentals ofClinical Pharmacology, a Swedishresearcher, C.J. Fowler presents areview of work published on theendogenous cannabinoid system, with"particular emphasis on the mecha-nisms of removal and metabolism ofthe endocannabinoid signaling mole-cule anandamide." Fowler notes thatthe current literature shows cells canaccumulate anandamide, and that thisprocess can be disrupted pharmacolog-

ically, but that how that happensremains a matter of some debate. Heconcludes that manipulating how thebody reacts to anandamide has poten-tial therapeutic utility in a number ofareas, in particular for the treatment ofpain conditions.

The second endocannabinoid study, areview conducted by a team of Italianresearchers at the University of Teramo,examines the potential of utilizing spe-cific cannabinoids as "broad spectrummodulators" to treat conditions relatedto aging. The review summarizes themain features of the endocannabinoidsystem and what scientists have cometo understand about its role in regulat-ing the aging of central and peripheralcells. The researchers also looked athow recently developed drugs that acton the endocannabinoid system may beuseful "for the treatment of aging andage-related human pathologies."

Two Research Reviews Show CannabinoidPotential for Treatment of Pain and Aging

(APHA Award, continued)

statutes - an opinion previously voicedby the attorneys general of severalother states, including Colorado,Hawaii and Oregon, which permit med-ical use of marijuana.

ASA argued that despite the federalgovernment ban on medical marijuana,all states remain free to adopt andimplement medical marijuana policiesof their own design.

The case originated from a lawsuit ini-tially brought against the State ofCalifornia by San Diego County, which

was later joined by San Bernardino andMerced counties. The ACLU, ASA andDPA intervened in the proceedings onbehalf of patients and their caregiversand doctors in order to assure ade-quate representation of those mostimpacted by the case.

In addition to being co-counsel, ASAwas also a party to the proceedings onbehalf of its membership, whichincludes thousands of medical marijua-na patients, caregivers and physicians.ASA and the other groups represent Dr.Stephen O'Brien, a physician who spe-cializes in HIV/AIDS treatment and

believes many of his patients benefitfrom medical cannabis, as well asWendy Christakes, Yvonne Westbrook,William Britt and Pamela Sakuda - allCalifornians who use physician-recom-mended marijuana to treat medicalconditions including chronic pain andsciatica, multiple sclerosis, rectal cancer,epilepsy and post-polio syndrome. Thegroups also represent Sakuda's spouseand caregiver, Norbert Litzinger.

"We just wish Pam had lived to seethis," said Sherer of ASA. Ms. Sakudapassed away a week before the hear-ing, after a long battle with cancer.

(ASA Court Win, continued)

NATIONAL ACTION ALERTSend a Letter to the New Speaker of the U.S. House of Representatives

Join us in welcoming Speaker Nancy Pelosi to her new position in the U.S.House of Representatives. Speaker Pelosi has been outspoken in her supportof protections for medical cannabis patients. This is an opportunity to thankher for her work, remind her that more than $10 million taxpayer dollars havebeen wasted recently on raiding medical cannabis patients and dispensaries,and ask that she remember the plight of patients as she sets the agenda forthe next Congress. Take a minute to write her a brief note today.

Speaker Nancy Pelosi, 2371 Rayburn HOB, Washington, DC 20515http://www.house.gov/pelosi/

AMERICANS FORSAFE ACCESS

www.AmericansForSafeAccess.org

1322 Webster Street, #402Oakland, California 94612

Phone: 510-251-1856Fax: 510-251-2036

[email protected]