Medical Marijuana Advocates Mount Challenge to Schedule I Designation
Tues: U.S. Court of Appeals for the D.C. Circuit Will Hear Oral Arguments
DPA Statement: Feds’ Claim of “No Medical Use” Ignores Science
On Tuesday, October 16, the U.S. Court of Appeals for the District of Columbia Circuit will hear oral arguments in a case challenging the Drug Enforcement Administration’s decision to designate marijuana as a Schedule I substance. Schedule I is the most restrictive category for controlled substances, including those drugs defined as having a high potential for abuse, no currently accepted medical use, and a lack of accepted safety for use under medical supervision.
The lawsuit was brought by a coalition of organizations and individual patients, including Americans for Safe Access, the Coalition to Reschedule Cannabis, and Patients out of Time. Since California became the first U.S. state to pass and implement a medical marijuana law in 1996, 16 other states and the District of Columbia have followed suit by passing legislation or voter initiatives that allow certain patients to legally access marijuana.
The claim of no medical value contradicts the growing body of research suggesting the contrary. “There is a plethora of scientific evidence establishing marijuana’s medical safety and efficacy,” said Jasmine Tyler, acting director of national affairs for the Drug Policy Alliance. “However, when it comes to marijuana and the federal government, politics routinely trumps science.”
Every independent commission to examine marijuana policy has concluded that its harms have been greatly exaggerated – from the 1944 LaGuardia Report, to President Nixon’s 1972 Schaffer Commission report, to the Institute of Medicine’s congressionally-mandated 1999 report. “This case is yet another opportunity for the federal government to acknowledge what patient, doctors, researchers and scientists have been telling us for years: marijuana has therapeutic and medicinal benefits,” stated Tyler. “Considering that three-quarters of Americans support medical marijuana, the Obama administration should have the courage and common sense to let science resolve the controversy over marijuana’s medical uses.”
Tony Newman (646) 335-5384 or Tommy McDonald 510-229-5215
Meet the Plaintiffs of ASA v DEA
Tomorrow morning, the United States Court of Appeals in Washington DC will hear oral arguments in the landmark case, Americans for Safe Access v Drug Enforcement Administration. The case argues that the Drug Enforcement Administration acted irrationally in ruling that cannabis belongs in Schedule I of the Controlled Substances Act. The plaintiffs argue that this scheduling of marijuana has harmed them physically and financially. Below are the courageous patients and caregivers who have taken on the federal government in this important case.
William “Bill” Britt is a 52-year-old resident of Long Beach, California, who developed polio as a child, which caused him to have scoliosis, a fused left ankle, shortened left leg, and bone degeneration in his left hip. Mr. Britt also suffers from epilepsy, depression and insomnia, and uses marijuana to treat chronic pain in his leg, back, and hip. Marijuana has reduced Mr. Britt’s seizures and depression, and helps him sleep. Although Mr. Britt has taken prescription medication such as Marinol, Robaxin, Soma, and Xanax, none has proven as effective as marijuana.
Al Byrne is co-founder and Secretary-Treasurer of Patients Out of Time, a national non-profit devoted to educating health care professionals and the general public about the therapeutic uses of marijuana. He works with five of the seven remaining federally supplied Cannabis patients, who are enrolled in the Compassionate Individual New Drug (IND) Program. As the son of a cancer patient who used Cannabis in 1966 to relieve the negative aspects of cancer chemotherapy, he has maintained activism in reforming Cannabis laws since that time. He served on the Board of Directors of the National Organization for the Reform of Marijuana Laws (NORML) from 1989 to 1994 acting as Managing Director of the organization during 1991 and 1992 and as the National Secretary 1992 to 1994. Mr. Byrne is the United States representative of patient advocacy for the European based International Association for Cannabinoid Medicines (IACM). He sits on various Boards of Cannabis orientated organizations. He has moderated a number of debates and confer- ences about Cannabis reforms including the ongoing clinical conference series of Patients Out of Time. He is a consultant to several state representatives actively engaged in writing legislation to reform Cannabis prohibition.
Catherine Jordan is a medical marijuana patient. When she turned 36, she was diagnosed with ALS and given 3-5 years to live. Catherine was told she would choke or drown in her own fluids or suffocate from the total collapse of her lungs and chest muscles. By 1989, the disease had devastated her body. While vacationing in Florida, Cathy tried a strain of cannabis called Myakka Gold. She went back home to Delaware and attempted to ?explain this to her neurologist, who immediately suggested she be institutionalized because she wasn’t handling the bad news of her health well. After assuring him she would never speak of it again, he relented. Now she has seen 30 Neurologist, and been to 4 Universities. Not one doctor has suggested she stop smoking cannabis, though she has been warned that her use of cannabis would prevent her from getting a cure if one is found. In 2004, she met with doctors working on the theory that cannabis would slow the progression of ALS. While meeting with the doctors she realized she was living proof of their research. She soon contacted Gov. Jeb Bush that this issue, who said this was a federal matter that he had no control. So with the cards stacked against her, she committed herself to activism. Currently she is the president of FL CAN.
Michael Krawitz is a 49-year-old resident of Elliston, Virginia, who suffered an automobile accident in 1984 while serving in the United States Air Force. Mr. Krawitz has been rated by the United States Department of Veterans Affairs (VA) as being totally and permanently disabled. Mr. Krawitz uses marijuana to treat chronic pain and trauma associated with his accident. He also uses marijuana to treat central serous retinopathy. However, because of Mr. Krawitz’s medical marijuana use, he has been denied pain treatment by the VA.
Mary Lynn Mathre received her BSN from the College of St. Teresa and began her nursing career in the US Navy Nurse Corps serving at Portsmouth Naval Hospital in Virginia and at the Naval Hospital in Roosevelt Roads in Puerto Rico. In 1985 she earned her MSN at Case Western Reserve University and began teaching at the University Of Virginia School Of Nursing. In 1987, she changed her specialty to addictions nursing and returned to clinical practice. She served as the charge nurse of an inpatient addictions treatment program and later as the addictions consultant for the UVA Health System. She then worked as the Executive Director of a private opioid treatment center and now works independently as an addictions consultant. Ms. Mathre’s focus on medicinal cannabis began in 1985 with the completion of her graduate thesis, Disclosure of Marijuana Use to Health Care Professionals. Ms.Mathre served as the Director of NORML’s Council on Marijuana & Health from 1986 – 1992 and on NORML’s Board of Directors from 1988 – 94. Ms. Mathre is also a co-founder and President of Patients Out of Time. Ms. Mathre has written resolutions for several professional organizations in support of patient access to medical marijuana, including those of the Virginia Nurses Society on Addictions, the Virginia Nurses Association, the National Nurses Society on Addictions, and the American Public Health Association.
Steph Sherer is a resident of Washington, D.C. and the founder and Executive Director of Americans for Safe Access (ASA). In April of 2000, Ms. Sherer suffered a physical attack that has caused her to suffer from a condition that produced inflammation, muscle spasms, pain throughout her body, and decreased mobility in her neck. Because of multiple pain medications she was prescribed, Ms. Sherer suffered kidney damage. After her doctor recommended medical marijuana, Ms. Sherer successfully reduced her inflammation, muscle spasms, and pain. This prompted Ms. Sherer to found ASA in April of 2002 to share what she learned about the therapeutic value of marijuana and to change public policy.
Americans for Safe Access is the largest national member-based organization of patients, medical professionals, scientists and concerned citizens promoting safe and legal access to cannabis for therapeutic use and research. ASA works to overcome political and legal barriers by creating policies that improve access to medical cannabis for patients and researchers by engaging a multifaceted strategy that incorporates public education, impact litigation, grassroots development and advocacy, media campaigns, and direct support services. The scheduling of cannabis as “without accepted medical use” forces ASA to spend its organizational resources fighting for patients.