Americans for Safe Access
For Immediate Release: April 10, 2009
Contact: ASA Chief Counsel Joe Elford 415-573-7842 or ASA Media Liaison Kris Hermes 510-681-6361Federal Position on Medical Marijuana Put Before Ninth Circuit Tuesday
Federal hearing is latest battle on whether policy is based on science or politicsSan 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will get to argue before the federal Ninth Circuit Court of Appeals on Tuesday, April 14th, the right to challenge an outdated position held by the federal government: “marijuana has no currently accepted medical use in treatment in the United States.”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 9:30am
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.”
IF the judges rule against being allowed to take this issue to court, could we not take the ASA court file, pull out the key issues and use our First Amendement Rights to seek Redress through a Petition to Congress to FORCE THIS ISSUE? If yes, I would like to be the author of this petition.
ASA did it and here is the news from today’s SF Chronicle: http://tinyurl.com/asacourtcase
Still seems non comclusive. Not enough info on the judges decisions.
Peace and herb
This is great stuff! Kudos to ASA for attacking the problem in the correct forum, the courts, rather than wasting time and money in an insincere effort to move the legislature(s) to restore our freedom.
-ED
America has been waiting since 1937 to lift prohabition of marijuana, I have personaly delt with it for 16 years and I have had enough, I dont want to wait till 2010, I dont want to be a criminal NOW! I dont drink alcohol, I have tried just about every drug there is except heroin, I dont like Alcohol it makes me feel out of control and feel the same about all other drugs except Marijuana, Pot is safe and I want the legal choice to smoke it after a long hard day of work,I dont like being asked to take a drug test before I apply for a job, I dont smoke pot at work and that should be good enough just as it is for ALCOHOL and they dont test you for other drugs, they test strictly for marijuana, yes drug test pick up on other drugs but those other drugs are out of your system in a couple of days compared to marijuana that stays in your system for weeks even months, so I could go out on a friday night and shoot up some heroin brath through some rails of coke while smoking meth out of a pipe that was molded out of hardend angel dust and come in on a monday a pee clean for a drug test but, if I smoke a bowl after a hard week of work and come in on a monday and possibly loose my job not because I was stoned at work but because smoked recreationaly on the weekend, hmm sounds like desrcimination to me, I may be the best employee in our company but because I choose to smoke marijuana instead of doing cocain, meth or exctesy, I may loose my job, Drug testing if anything increases “hard” drug use……anyway
If they were to legalize all drugs tomorrow I wouldnt go out and buy some heroin or cocain but I know what I would do, I would buy myself a couple grams of kush or maybe even some grape ape, sit my ass down on my couch, turn on a good show and roast up some good green and feel proud that my use of marijuana profits are going towrds funding education or helping someone afford rehab that needs it, but most importantly knowing that my money is being used for good instead of being wasted on a war with no end.
BigDoug
This makes me feel like the bricks are about to come crumbling down. We’re closer than ever to legalization. Keep up the pressure now and it’ll happen before the end of this decade.
guess we wait to see if they are honourable
I’ll be interested to know how this case gets decided as it could have some drastic reercussions for the NRC if ASA prevails. IT’s a great end around run on things.
What worries me, is something is up, just not sure what it is. The news media is giving the issue a lot of coverage the last ten days, but it is all slanted towards RAH RAH WAR ON DRUGS, lets support our government, weed is evil. I’ve also seen two new Anti Drug commercials air, one of them targeted right at Marijuana as a gateway drug.
“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.”
America was founded on the principle that the people have every right to challenge the government.
“We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness. — That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed, — That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness.”
need more be said?
JayWolf×