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Join Date: Mar 2009 Posts: 620

ASA media advisory



Americans for Safe Access



For Immediate Release:* April 10, 2009



*Federal Position on Medical Marijuana Put Before Ninth Circuit Tuesday



*/Federal hearing is latest battle on whether policy is based on

science or politics



/*San 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14th, the right to challenge an outdated position held by the federal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."



The original DQA petition was filed in October of 2004, aimed at

forcing the Department of Health and Human Services (HHS) -- the

FDA's parent agency -- to correct statements about the medical value

of marijuana. After more than two years of delay by the federal

government and a refusal to act on the petition, a lawsuit was filed

in February of 2007. Despite a rejection by the federal district

court in late 2007, Science Magazine published an editorial that year

claiming that HHS had "violated its own DQA guidelines."



Preeminent legal scholar Alan Morrison, who founded Public Citizen's

Litigation Group and who currently teaches at American University's

Washington College of Law, is co-counsel in the case and will be

arguing before the court on behalf ASA and patients across the

country. "Citizens have a right to expect the government to be

transparent and to use the best available information for policy

decisions," said Morrison. "Unfortunately, so far, the government has

been anything but transparent and has failed to produce any evidence

for its policy statements on medical marijuana." In April 2006, while

ASA was awaiting a response to the petition from HHS, the FDA issued

a statement claiming that it conducted an "inter-agency review" and

had "concluded that no sound scientific studies supported medical use

of marijuana..." However, none of the alleged scientific evidence

used to reach that conclusion was ever provided to ASA or the public.



*Further information:



*DQA Opening Appeal Brief:

https://americansforsafeaccess.org/do...peal_Brief.pdf



President Obama's memorandum on scientific integrity:

https://www.whitehouse.gov/the_press_...encies-3-9-09/



DQA Background info:



--

Kris Hermes

Media Specialist

Americans for Safe Access

www.SafeAccessNow.org

1322 Webster Street, Suite 402

Oakland, CA 94612

Phone: 510-251-1856 x307

Fax: 510-251-2036

Email: *MEDIA ADVISORYAmericans for Safe AccessFor Immediate Release:* April 10, 2009*Federal Position on Medical Marijuana Put Before Ninth Circuit Tuesday*/Federal hearing is latest battle on whether policy is based onscience or politics/*San Francisco, CA* -- Medical marijuana advocates will get to arguebefore the federal Ninth Circuit Court of Appeals on Tuesday, April14th, the right to challenge an outdated position held by the federalgovernment: "marijuana has no currently accepted medical use intreatment in the United States." The national advocacy groupAmericans for Safe Access (ASA) filed a lawsuit in February 2007demanding that the federal government cease issuing misinformationand correct its statements on medical marijuana. "We welcome theObama Administration's recently stated commitment to making policydecisions based on science, not politics," said Joe Elford, ChiefCounsel with ASA. "This case is designed to ensure that the federalgovernment's policy on medical marijuana is not politically motivated."*What:* Oral arguments in a case before the Ninth Circuit thatchallenges 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 SeventhStreet, San Francisco, CAIn order to challenge the government's position, advocates are usinga little-known law called the Data Quality Act (DQA). The DQArequires federal agencies such as Health and Human Services (HHS) andthe Food and Drug Administration (FDA) to rely on sound science whendisseminating information to the public. One of the main issues inthe case is whether citizens have a right to challenge governmentinformation believed to be inaccurate or based on faulty, unreliable data."The science to support medical marijuana is overwhelming," said ASAExecutive Director Steph Sherer. "It's time for the federalgovernment to acknowledge the efficacy of medical marijuana and stopholding science hostage to politics." On March 9, 2009, PresidentObama issued a memorandum to the heads of executive departments andagencies stating that, "The public must be able to trust the scienceand scientific process informing public policy decisions," andcalling for "transparency in the preparation, identification, and useof scientific and technological information in policymaking."The original DQA petition was filed in October of 2004, aimed atforcing the Department of Health and Human Services (HHS) -- theFDA's parent agency -- to correct statements about the medical valueof marijuana. After more than two years of delay by the federalgovernment and a refusal to act on the petition, a lawsuit was filedin February of 2007. Despite a rejection by the federal districtcourt in late 2007, Science Magazine published an editorial that yearclaiming that HHS had "violated its own DQA guidelines."Preeminent legal scholar Alan Morrison, who founded Public Citizen'sLitigation Group and who currently teaches at American University'sWashington College of Law, is co-counsel in the case and will bearguing before the court on behalf ASA and patients across thecountry. "Citizens have a right to expect the government to betransparent and to use the best available information for policydecisions," said Morrison. "Unfortunately, so far, the government hasbeen anything but transparent and has failed to produce any evidencefor its policy statements on medical marijuana." In April 2006, whileASA was awaiting a response to the petition from HHS, the FDA issueda statement claiming that it conducted an "inter-agency review" andhad "concluded that no sound scientific studies supported medical useof marijuana..." However, none of the alleged scientific evidenceused to reach that conclusion was ever provided to ASA or the public.*Further information:*DQA Opening Appeal Brief:President Obama's memorandum on scientific integrity:DQA Background info: https://www.safeaccessnow.org/DQA --Kris HermesMedia SpecialistAmericans for Safe Access1322 Webster Street, Suite 402Oakland, CA 94612Phone: 510-251-1856 x307Fax: 510-251-2036Email: kris@SafeAccessNow.org