Cannabis News
  U.S. Is Sued Over Position on Marijuana
Posted by CN Staff on February 21, 2007 at 19:47:34 PT
By Carolyn Marshall 
Source: New York Times  

medical San Francisco, CA -- Frustrated by government policy and inaction, a group of advocates for medical marijuana sued two federal health agencies on Wednesday over the assertion that smoking it has no medical benefit.

The group, Americans for Safe Access, a nonprofit organization based in Oakland, filed the lawsuit in Federal District Court, challenging the government’s position that marijuana, “has no currently accepted medical use in treatment in the United States.”

In its lawsuit, the group contends that federal regulators have publicly issued “false and misleading statements” about the medical benefits of marijuana.

The lawsuit, which named the Department of Health and Human Services and the Food and Drug Administration, seeks a court order to retract and correct statements that the group called, “incorrect, dishonest and a flagrant violation of laws.”

A lawyer for the medical marijuana group, Joseph Elford, said the lawsuit was filed now because administrative avenues had been exhausted and because of mounting scientific and anecdotal evidence to the contrary.

Mr. Elford said a recent study by the Clinical Research Center at San Francisco General Hospital, which was approved by the F.D.A. and other federal agencies, found that smoking marijuana relieved pain and certain symptoms of H.I.V., the virus that causes AIDS.

A spokeswoman for the health department said Wednesday in a telephone interview that “the agency does not comment on litigation as a general policy.”

The spokeswoman, Christina Pearson, said the agency stood by its publicly stated position and pointed to an April 20, 2006, statement. In that advisory, which Ms. Pearson said was current, the federal government asserts that “there is currently sound evidence that smoked marijuana is harmful.”

It goes on to say that “no animal or human data supported the safety or efficacy of marijuana,” which is not an approved drug.

Source: New York Times (NY)
Author: Carolyn Marshall
Published: February 22, 2007
Copyright: 2007 The New York Times Company
Contact: letters@nytimes.com
Website: http://www.nytimes.com/

Related Articles & Web Site:

Americans For Safe Access
http://www.safeaccessnow.org/

Group Sues Feds Over Medical Marijuana Claims
http://cannabisnews.com/news/thread22671.shtml

Medical Pot Advocates Sue Feds
http://cannabisnews.com/news/thread22670.shtml


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Comment #22 posted by museman on February 23, 2007 at 11:17:35 PT
liars are not capable of truth
“no animal or human data supported the safety or efficacy of marijuana,”

How about; "No animal or human data supports the safety or effacy of the US government."

Lets compare;

Deaths related to cannabis = none confirmed to this date.

Deaths related to the US government = billions of people all over the world.

Damage to health due to smoking or ingesting cannabis = no confirmed data

Damage to health due to economic favoritism of the US gov - whose environmental policies have led to eco disaster and high toxicity in all of our air and water (including nuclear testing) = cancer, leukemia, birth defect, inabilty of the poor to access healthy food, and lifetimes of bondage to a system which provides only death, destruction, and war = incalculable.

And that's just a quick analysis. The bottom line is that we are being coralled by a fascist regime, supported by the ultra rich, whose dream of a World Republic, just won't lay down and die. Their game of 'laws and legislation' has pretty much insured their continuing control, because it is after all THEIR GAME, and they did invent it. They can modify it to bend with the popular sentiments, they can offer compromises which make the people think there is progress, when actually it's just a run-around until the next fascist gets into power.

A lot of people have hopes for gaining some political ground in this battle for sanity concerning cannabis, but when the states have all come around, and the laws have been changed, watch the corporations move in and take complete control. The penalties for growing pot that has been 'patented' will be just as severe as they are now, and we will have all agreed to it just to get some compromise with the crapheads who rule the world.



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Comment #21 posted by afterburner on February 22, 2007 at 22:17:20 PT
Canada May Have Prohib Gov't, but Free Press
CN ON: OPED: Canada Must Not Follow The U.S. On Drug Policy, Ottawa Citizen, (22 Feb 2007) Ethan Nadelmann http://www.mapinc.org/newstcl/v07/n223/a02.html?176

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Comment #20 posted by FoM on February 22, 2007 at 11:49:57 PT
OverwhelmSam
What's a vacation? Do most people take vacations? Maybe I missed something in life.

Seriously, thank you for the invitation.

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Comment #19 posted by OverwhelmSam on February 22, 2007 at 11:46:39 PT
FoM
You should take your next vacation in Reno. LOL... If you're ever this way, let me know.

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Comment #18 posted by FoM on February 22, 2007 at 11:37:58 PT
OverwhelmSam
That's right. Far far away! LOL!

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Comment #17 posted by OverwhelmSam on February 22, 2007 at 11:34:12 PT
Ouch!
I thought you were in Northern California? Don't know where I got that impression. Ohio right?

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Comment #16 posted by FoM on February 22, 2007 at 11:29:23 PT
OverwhelmSam
I just checked and it's over 2200 miles.

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Comment #15 posted by FoM on February 22, 2007 at 11:25:09 PT
OverwhelmSam
Very far! I'm guessing 1500 or more miles.

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Comment #14 posted by OverwhelmSam on February 22, 2007 at 11:13:09 PT
Hey FoM
I'm in Reno. How far is it to your house?

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Comment #13 posted by The GCW on February 22, 2007 at 07:54:14 PT
Yes FoM & BUDSNAXZ
Remember when the Berlin wall fell?

There was activism...

Then all the sudden one day I woke up and it was down.



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Comment #12 posted by FoM on February 22, 2007 at 07:17:21 PT
BUDSNAXZ and The GCW
I am amazed at how rapidly things appear to be changing. I know that I have been feeling hopeful for a couple of months now. When afterburner came to visit last fall we sat around a campfire with a couple friends and we had a really good time. I hope we can all meet someday.

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Comment #11 posted by HempWorld on February 21, 2007 at 23:22:43 PT
Go ASA ...
Give em Hell!

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Comment #10 posted by BUDSNAXZ on February 21, 2007 at 23:07:14 PT
FOM
You are so correct I hope! I don't know if you all are seeing what I'm starting to see but all the dominoes seam to be falling into place faster for our cause than I've ever seen before. With the outright contempt that I'm seeing for this administration and the Government in general, I think many are just about fed up enough to blow off the war on some people. Have you been watching the special reports they have been burying in the late night news about how much the drug war and the war on cannabis is costing us? I believe they have purposely been trying to loose it in the late news but are not succeeding. Last night or the night before, it was about how the WOD is tearing apart families and mothers from their children. I have not had much of a chance to read up on things in here for a while so I don't know how closely you've all been covering this stuff already so my comments are more questions than anything though. But I think I'm seeing a change for the better starting to line up quickly and what you said about the one straw holding this all up is so true. My last question is who has started setting up the big BBQ/Party/Picnic we will have to celebrate the fall of prohibition? I can't wait to meet you all!! I got a big hug waiting for you FOM.

Peace to all until then.

Mac



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Comment #9 posted by The GCW on February 21, 2007 at 21:44:56 PT
FoM,
It is also realistic to consider all the states may legalize at the same time if it comes on the Federal level.

Cannabis prohibition laws are being held up by one straw.

[ Post Comment ]

 
Comment #8 posted by FoM on February 21, 2007 at 21:24:35 PT
The GCW
How about all of the states that don't already have a medical marijuana law. That sounds good to me. It's wishful thinking but we have to have hope.

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Comment #7 posted by The GCW on February 21, 2007 at 21:20:48 PT
Which state will be next?
Minnasota, Michigan, Texas, New Mexico and a number of other states are trying to be next to compassionately allow sick citizens the oppertunity to use the God-given plant.

[ Post Comment ]
 
Comment #6 posted by The GCW on February 21, 2007 at 21:14:35 PT
Dan Rather
Dan Rather,

Cannabis is much safer than aspirin.

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Comment #5 posted by FoM on February 21, 2007 at 21:12:26 PT
fight_4_freedom
I hope it passes. Good luck to you and Michigan.

[ Post Comment ]
 
Comment #4 posted by fight_4_freedom on February 21, 2007 at 20:31:54 PT:

editorial on next week's medical vote in Flint
Legalizing pot? No Medical case, practical need insufficient for symbolic OK FLINT THE FLINT JOURNAL FIRST EDITION Wednesday, February 21, 2007 QUICK TAKE About the vote

What: Election to decide if Flint should amend its city code "exempting individuals possessing or using (marijuana) for medical purposes under a physician's care from the provisions of the code making it a criminal offense."

When: Tuesday

Where: City of Flint only

***

With Flint facing a largely symbolic vote on legalizing marijuana for medical use, the voice of a key group is officially missing.

That is the community's physicians, as the Genesee County Medical Society has taken no stance on Tuesday's ballot issue that would amend city ordinances, nor has it been asked to do so by backers of the measure. Several interpretations can be placed on the hands-off treatment, but one minimal assumption is unavoidable: Local doctors do not see legalized marijuana advancing the cause of medicine.

The lack of formal comment is especially curious considering the proposed ordinance change calls for written proof that a physician has recommended marijuana use for anyone falling under the ordinance's supposed protection. If doctors don't care to offer guidance, a no vote is the best choice for Flint.

As a practical matter, passage of the measure would not make any difference because the vote could not alter police behavior. Federal and state laws that outlaw marijuana would remain in force no matter how Flint voters choose, trumping any conflicting ordinance.

So is the case with four Michigan cities that already have passed some kind of legalization of marijuana for medical purposes. Despite the lack of legal force, these measures continue to be advocated by the Washington-D.C.-based Marijuana Policy Project, which has paid a $7,500 grant to support the Flint effort.

While we don't dismiss claims that marijuana could help combat nausea and pain suffered by AIDS and cancer patients among others, the science supporting its use is inconclusive. Even some medical professionals who acknowledge such benefits say that the drug Marinol, with a synthetic property of marijuana, offers a safer, more controlled way to obtain the same pain-relieving effects.

Of course, there's a counterargument to this, too, which leaves the whole medical question too contradictory to support the popular endorsement marijuana backers are seeking Tuesday.

And then there's the matter of a need for this legal permission. Even ignoring the futility of passing a city ordinance contrary to state law, evidence is anecdotal and slim that those using marijuana only for medical purposes are victims of widespread police persecution. Flint cops don't have the time to focus on such minor criminality and the Genesee County Jail has little memorable history of housing these offenders.

Therefore, Tuesday's vote that will require staffing all 60 Flint precincts will amount to a political statement, which supporters of this marijuana use hope will lead to a change in Michigan law - either by the Legislature or referendum as has happened in 11 states. If it comes to this, one hopes the medical community will go on record loud and clear first on whether marijuana merits legalization, and by what rules it should be administered.

With the local medical society, if anything, holding a contrary view, we cannot back this proposed change in the city code that would carry no legal weight and from available evidence has little practical necessity. Flint voters should reject it, too.



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Comment #3 posted by MikeEEEEE on February 21, 2007 at 20:16:42 PT
Reverse engineered with translation
"It goes on to say that “no animal or human data supported the safety or efficacy of marijuana,” which is not an approved drug."

Translation:

We do not approve the drug, therefore, as the ruling class (democracy?),the evidence we found somewhere (probably a govt. sponsored study...cough...cough...BS); this study data does not support our rule, that safety (usually this is where mention the children) or efficacy (nobody buying govt. approved toxins, oh no!) benefits the ruling class.



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Comment #2 posted by FoM on February 21, 2007 at 20:13:19 PT
Transcript: Dan Rather Reports - Medical Marijuana
Dan Rather Reports

Episode Number: 206

Episode Title: Medical Marijuana

Description: Possession of marijuana could lead to jail time. But medical researchers are learning that it may also lead to significant advances in medicine. Dan Rather Reports investigates important new information on the plant that some researchers are calling the "aspirin of the 21st century".

Complete Transcript: http://www.hd.net/transcript.html?air_master_id=A4429

[ Post Comment ]

 
Comment #1 posted by MikeEEEEE on February 21, 2007 at 20:01:35 PT
The way I see it...
If they can spend $8,000,000,000 a month in Iraq, they could continue their abusive policy, without much care to spending.

Every empire falls, but the more corrupt to its people, the faster the fall.

bush is the perfect guy to lead us into the toilet. A lot can still happen in the next 2 years.



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