Global Ganja Report

Medical marijuana patient advocacy group Americans for Safe Access (ASA) filed a petition with the federal court of appeals March 22 in a widely watched case that seeks to reclassify cannabis for medical use. Plaintiffs in the case, ASA v. Drug Enforcement Administration, are requesting a rehearing before the original panel, as well as seeking full (en banc) review by the US Court of Appeals for the DC Circuit. On Jan. 22, the DC Circuit granted plaintiffs standing—the right to sue the federal government to reclassify cannabis—but, in a 2-1 ruling, denied the appeal on the merits by setting what ASA calls a "virtually-impossible-to-meet standard" for assessing medical efficacy. (ASA, March 22)

More than a dozen members of Congress co-introduced legislation Feb. 14 that would reclassify cannabis for medical use and provide federal defendants the right to use state law compliance as evidence in medical marijuana trials, a right they're currently denied. Rep. Earl Blumenauer (D-OR) authored H.R. 689, the "States’ Medical Marijuana Patient Protection Act," which in addition to rescheduling cannabis will allow states to establish production and distribution laws without interference by the federal government, and will remove current obstacles to research. Rep. Sam Farr (D-CA) authored H.R. 710, the "Truth in Trials Act," to overturn the prohibition on medical marijuana evidence in federal court. 

The United States Court of Appeals for the DC Circuit issued a ruling Jan. 22 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.

The Cannabis Committee of the American Herbal Products Association (AHPA) issued recommendations this week to regulators of dispensaries in California, Colorado, and Massachusetts, and will make similar recommendations in other medical marijuana states over the next days. The committee, in cooperation with Americans for Safe Access (ASA), has over the past year coordinated the development of best practice protocols in several areas, including cultivation; manufacturing, packaging and labeling; laboratory practice; and distribution.

In response to public comments made against marijuana reform by former Rhode Island Rep. Patrick Kennedy, patient advocates wrote to Kennedy inviting him to attend a national conference on medical marijuana scheduled for Feb. 22-25 at the Mayflower Renaissance Hotel in Washington DC. Kennedy announced on Jan. 9 the formation of a new group, Smart Approaches to Marijuana (SAM), which claims to take a different approach than either legalization advocates or government drug warriors. However, advocates argue that SAM's supposed pro-public health approach ignores the therapeutic benefits of the cannabis plant and is simply using a new narrative to make the same arguments used by marijuana opponents for years.

Less than a week after oral arguments in the landmark federal case to reclassify cannabis for medical use, the plaintiffs filed an additional brief Oct. 22 at the request of the court. In the case Americans for Safe Access v. Drug Enforcement Administration, the DC Circuit Court of Appeals issued an order last week seeking details on the harm sustained by plaintiff and disabled US Air Force veteran Michael Krawitz as a result of the federal government's policy on medical marijuana.

For the first time in nearly 20 years, a US Court of Appeals is set to hear oral arguments in a lawsuit challenging the federal government's classification of cannabis as a dangerous drug with no medicinal value: Americans for Safe Access v. Drug Enforcement Administration. This historic case will force a federal court to finally review the scientific evidence regarding the therapeutic efficacy of cannabis. During a press briefing Oct. 4, plaintiffs in the case, along with leading medical researchers and clinicians, spoke by conference call about the necessity of the federal government recognizing current scientific data supporting marijuana rescheduling. Cannabis is currently classified in the same category as heroin despite calls from scientists, medical professionals, and policy makers to reschedule the plant for medical use.

A government-sponsored study published recently in The Open Neurology Journal concludes that cannabis provides relief to some chronic pain sufferers and that more clinical trials are needed—directly challenging DEA classification of the drug under "Schedule I," that reserved for substances with no medical uses. The study, sponsored by the State of California and conducted at the University of California Center for Medicinal Cannabis Research, calls the Schedule I placement "not accurate" and "not tenable."