The Compassionate Coalition

From The New York Times:

Medical marijuana’s support among voters in New York State is so solid that even a substantial majority of Republicans favor its legalization…

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Yesterday, ASA Director of Government Affairs Caren Woodson joined Maryland Delegate Morhaim on the Marc Steiner Show to discuss the proposed medical cannabis bill. Check out the full, hour long podcast online.

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Critical media coverage was one of the factors that influenced the Los Angeles City Council to adopt a controversial ordinance that may regulate most of the city’s medical cannabis collectives out of existence. Advocates fear only a handful of collectives can meet the tough location restrictions, tight registration timelines, and complicated record keeping and reporting requirements.

KCET’s So Cal Connect continued their coverage of the long regulatory debate with this installment, which discuss the anticipated legal fallout from ordinance.

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ASA’s analysis of the People vs. Kelly (pdf) California Supreme Court decision was covered in the Washington Post, Los Angeles Times, Oakland Tribune, and San Francisco Chronicle last week.

Washington Post:

“The California Supreme Court did the right thing by abolishing limits on medical marijuana possession and cultivation,” said Joe Elford, the top lawyer for the marijuana advocacy group Americans for Safe Access. “At the same time, the Court may have left too much discretion to law enforcement in deciding what are reasonable amounts of medicine for patients to possess and cultivate.”

Los Angeles Times:

“In one sense this is a call to patients to enroll in the ID card program if they want to be immune from arrest and prosecution,” said Kris Hermes with Americans for Safe Access, a medical marijuana advocacy organization.

Oakland Tribune:

Kris Hermes, spokesman for Oakland-based Americans for Safe Access, said the court’s ruling also renders unconstitutional many city and county ordinances that impose possession and cultivation limits. Oakland, for example, had set limits of up to 72 indoor plants with up to 32 square feet of canopy, or up to 20 outdoor plants at any stage of development, and as much as 3 pounds of dried marijuana.

San Francisco Chronicle:

The numerical limits provided some guidance to police and patients, and their invalidation “may have left too much discretion to law enforcement in deciding what are reasonable amounts,” said Joe Elford, lawyer for Americans for Safe Access.

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ASA press release:

San Francisco, CA — The California Supreme Court issued a unanimous published decision today in People v. Kelly, striking down what it considered unconstitutional legislative limits on how much medical marijuana patients can possess and cultivate. Today’s decision also affirms protection from arrest and prosecution for patients who both possess a state-issued identification card and comply with state or local personal use guidelines.

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In the wake of New Jersey becoming the 14th state to sanction the use of cannabis for therapeutic purposes, U.S. Representative Donald Payne (NJ-10) added his name to the list of co-sponsors on the Truth in Trials bill.

What about your Congress-critter? How about ringing in the New Year with a call to your U.S. Representative’s office to urge his or her co-sponsorship of H.R. 3939, The Truth in Trials Act. You can reach the Capitol Switchboard at 202-224-3121. For ideas about what to say when you call, check out ASA’s Action page (and send an email while you’re there!).

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(This is a guest blog from Eugene Davidovich at San Diego ASA)

Sebastian Maselli was a founding member of Healing Dragon Collective which was raided on September 9, 2009 part of Bonnie Dumanis’ effort to eradicate safe access to medical marijuana in San Diego County. He was arrested, property seized, and life dismantled. Four months after the raid, and with no charges filed against him, Sebastian decided to begin the fight to get his property back. Sebastian researched the ASA National website where he found a return of property motion, after a little encouragement and help from  friends and family, Sebastian completed it and submitted it to the court.

San Diego ASA caught up with Sebastian to discuss what happened on 9/9/9 as well as other issues related to the raids in September.

Sebastian wrote San Diego ASA: “I am happy to report that my motion was granted by the judge!  I have a piece of paper stating: “All property belonging to “defendant” to be returned by 02/08/10.”

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Chief Beck with LA Mayor

Los Angeles Police Department Chief Charlie Beck told reporters at the Daily News that medical cannabis collectives do not attract crime, adding that “Banks are more likely to get robbed than medical marijuana dispensaries.” The Los Angeles City Council should consider the Chief’s words carefully as they make final decisions about regulations for hundreds of patients’ associations in the city on Tuesday. If adopted as written, the ordinance may make finding a suitable location almost impossible.

Responding the concern from Neighborhood Councils, law enforcement, and the media, the City Attorney and Councilmembers have created tough location restrictions for collectives. Collectives cannot be adjacent to, across the street from, or across an ally from any residential use. The Council will decide on Tuesday if the facilities should be 500 or 1,000 feet from a laundry list of sensitive uses – schools, public parks, public libraries, religious institutions, licensed child care facilities, youth centers, substance abuse rehabilitation centers, or other medical cannabis collectives.

Even the best case scenario under the proposed regulations is not good news for patients in Los Angeles. Most of the city’s collectives will be forced to close, and it is unlikely many will find a new property that meets the tough requirements. One solution may be to allow a “Good Neighbor” exception for any collective that has not been the subject of community complaints. That would let conscientious collectives stay in their existing location and avoid an interruption in service for patients.

We will find out on Tuesday if the City Council hears Chief Beck’s analysis and adopts rules that treat collectives like health care facilities with a proven track record as good neighbors, or like public nuisances. Patients and advocates hope cooler heads will prevail.

The Los Angeles City council meets at 10:00 AM on Tuesday, January 19, in Room 340 at City Hall.

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LA City Hall

The Los Angeles City Council delayed final approval of regulations for medical cannabis collectives until Tuesday. Councilmembers want more time to study a report by the Planning Department and new ordinance language provided by the City Attorney less than one hour before this morning’s meeting. The debate about the regulations seems to be winding up, with only a few contentious issues left to resolve – including where collectives can locate and how many will be allowed. 

The 51-page report from the Planning Department showed the acreage available for collectives under differing regulatory schemes. In most cases, requiring buffer zones between a laundry list of sensitive uses and residential uses would eliminate most opportunities. For example, the report shows that requiring collectives to more than 500 feet from sensitive uses and any property used as a residence would mean that only four of the 137 collectives registered before the city’s moratorium could remain open.

President Garcetti cautioned his colleagues about approving tough location requirements without being realistic about the outcomes. “If we pretend there are going to be seventy [collectives] and there are really oly eight, shame on us,” Garcetti said. In response, the Council approved a motion to remove residential use form the list of sensitive uses, but approved a separate motion forbidding collectives from being located “on a lot abutting, across the street or alley from, or having a common corner with” any residential use, including mixed use properties.

The Council will decide on Tuesday whether they will require 500 or 1,000 feet between collectives and non-residential sensitive uses. These include schools, public parks, public libraries, religious institutions, licensed child care facilities, youth centers, substance abuse rehabilitation centers, or other medical cannabis collectives. Councilmember Paul Koretz observed that the lengthy report from the Planning Department did not consider the outcome for a 1,000-foot buffer zone from these uses, coupled with the restrictions on abutting residential uses.

The Council also debated how to distribute the seventy collectives allowed under a previous amendment throughout the city’s thirty five Community Plan Areas. The Community Plan Areas are smaller the City Council Districts, and the current draft anticipates dividing collectives proportionally based on population. There is also some controversy about how to deal with collectives that registered before the moratorium, but had to move as a result of DEA intimidation. Councilmember Rosendahl wants these displaced collectives to share a 180-day compliance grace period with those that did not relocate.

Americans for safe Access (ASA), the Greater Los Angeles Collective Alliance (GLACA), and other advocates will use the latest delay to keep asking Councilmembers for improvements that protect safe access. The City council is expected to vote on a final ordinance on Tuesday, 19.

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(This is a guest blog by cannabis researcher and ASA Medical & Scientific Advisory Board Member Jahan Marcu)

As a member of ASA’s Medical & Scientific Advisory Board, I’ve been actively engaged in pursuing further evidence of the medical efficacy of cannabis-based medicine. Some of this work occurred while I was working at the California Pacific Medical Center Research Institute (CPMCRI), and yesterday the findings of that work were published by the peer-reviewed journal Molecular Cancer Therapeutics. With this study, we have shown that cannabis compounds can work together to inhibit glioblastoma (GBM), one of the nastiest and most aggressive of all brain cancers. GBM is the type of brain cancer that caused the recent death of Senator Ted Kennedy.

Tetrahydrocannabinol (THC) is the most prevalent compound found in the cannabis (marijuana) plant. Many studies have focused on THC and its therapeutic qualities, however other compounds in the plant should not be overlooked from a medical and scientific standpoint. In fact, the recently published study illustrates how THC and other compounds (known as Cannabinoids) found in the cannabis plant work synergistically to kill cancer cells and reduce tumor size. The anti-cancer effect, which is mediated through the activation of cannabinoid receptors on cancer cells, has been shown through both in vitro and in vivo experimentation.

The other most abundant compound in the cannabis plant is Cannabidiol (CBD). One of the main findings of our research was how THC and CBD act synergistically to inhibit GBM brain cancer cell proliferation. The research team at CPMCRI, lead by Dr. Sean McAllister, discovered that a ratio of about 4:1 of THC to CBD resulted in a synergistic or enhanced killing effect. This THC and CBD combination was determined after assessing anti-cancer activity resulting from the interaction of THC with some of the more-than-70 cannabinoids found in the cannabis plant.

Interestingly, the individual doses of THC and CBD had little effect on the cancer cells or other proteins in the cells. However, when these two compounds were combined, the amount of cell death, or apoptosis, dramatically increased. And, as if this wasn’t enough, our research team discovered another potential breakthrough from the combined use of THC and CBD — a decrease in the protein known as ERK (extracellular signal-regulated kinase). The levels of ERK, often associated with cancer found in the body, were only affected by the combination of THC and CBD, suggesting that these compounds either converge on a shared pathway or together they activate a specific response in cancer cells.

Since these cannabinoids are relatively non-toxic and selectively kill cancer cells, large doses can be provided for in vivo studies. Hence, a direct injection to the site of the tumor or cancer, versus the more widely used methods of smoke or vapor inhalation, may be the most efficient for killing cancer cells. With more targeted applications, a much higher concentration of the active ingredients can be used without toxic side effects. We also speculate that other, non-cannabinoid components of the plant may also improve anti-cancer activity.

An improvement in the life expectancy of people with GBM has not occurred in 50 years, and because GBM is so aggressive and effective treatments have not yet been found, this study may represent a major breakthrough in the field. The next obvious step is further testing of how this combination of cannabinoids affects brain cancer and finding ways to put this important discovery to use.

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The outcome of legal victories by Americans for Safe Access (ASA) could be seen again last week, when Los Angeles County Superior Court Judge William Sterling ruled that the California Highway Patrol (CHP) must return sixty pounds of medical cannabis confiscated during a traffic stop. ASA successfully sued the CHP to stop illegal confiscation of medical cannabis in 2005; and secured the right to return of property, regardless of federal law, when the US Supreme Court refused to overturn our victory Garden Grove v. Superior Court in 2008.

The defendant in this week’s case argued he was transporting the confiscated medicine for his collective in Venice. The judge disagreed with an expert witness from the CHP, who argued that only a Primary Caregiver can transport medicine under state law. The judge acknowledged that any member of a collective or cooperative could transport medicine on behalf of other members.

Cities and counties still working to develop and implement regulations for medical cannabis should take note of decisions like this, which acknowledge the broad immunities offered to collectives and cooperatives under the Medical Marijuana Program Act (SB 420). Patients involved in collective cultivation can maintain storefronts to provide medicine to members (and be reimbursed for doing so), grow medicine, possess enough for members, and transport it. Local regulations should respect these collective immunities – not try to roll them back with onerous restrictions.

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Denver attorneys Jessica and Robert J. Corry, Jr., air their criticisms of new proposed medical marijuana legislation in Colorado in a write-up for The Huffington Post:

As we have both publicly concluded in recent weeks, the medical marijuana community is not opposed to reasonable regulations designed to help patients, but will oppose those that will restrict supply or quality.

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From our Oakland rally with Mickey Martin.  Via Fox Reno television:

Lauren Payne of Americans for Safe Access … said the Obama Administration has said it will no longer raid medical marijuana clubs and she believes it’s time for federal prosecutors to honor that policy.

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District Court Judge Christopher Cross ruled that the city of Centennial, CO, should not have closed a medical cannabis dispensary there, because patients have a right to buy medicine – not just to use it. The dispensary filed a lawsuit after the city forced the facility to close earlier this year. This is an important step in protecting safe access for patients in Colorado. Let’s hope courts in other medical cannabis states follow Judge Corss’ lead in placing patients’ rights ahead of federal drug laws.

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Today, the Court of Appeal for the Fourth Appellate District continued the case of Qualified Patients Association v. City of Anaheim into the indefinite future.  The Court requested additional briefing from all parties and amici on the significance of the Medical Marijuana Program Act’s exemption of collectives from state laws relating to nuisances.  In particular, the court wants the parties to address whether the legislative intent of the Medical Marijuana Program Act was to preempt municipalities from banning dispensaries. Americans for Safe Access will respond with a brief by January 15th.

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The world is changing, and you are making it happen!

Today, medical associations like the American Medical Association, The College of Physicians, and the National Board of Pharmacies are weighing in on cannabis therapeutics as a medical option.

The new administration has set policies to stop federal interference with our state laws. States are embracing real access models. The CA Supreme Court and the US Supreme Court have confirmed that federal laws do not preempt state medical cannabis laws.  Congress is pushing for Department of Justice oversight through legislation and political pressure.

And finally, Congress has lifted the ban on the DC medical marijuana laws, which means I will no longer be a criminal in my home!

Seven years ago, ASA was founded to build a strong grassroots movement to protect patients and their rights to safe and legal access. At the time of ASA’s conception, the national debate over medical cannabis was only a question of whether patients should be arrested and prosecuted.

By bringing the patient’s voice to the table, we have brought the real concerns of patients into the debate: access and patients’ civil rights.

Today, we are over 50,000 strong and we are shaping the current political landscape. The nation is no longer asking “if” patients should have safe and legal access to medical cannabis, but “how.”

Your support of ASA has helped make this happen. In 2009 alone, we:

• Worked closely with the new administration to help promote and craft a better federal policy on medical cannabis
• Helped to overturn the ban on medical cannabis in Washington, DC
• Protected patients’ right to possess medicine in any state where it is legal, with a big legal win in Garden Grove, CA
• Worked with US Representative Sam Farr (D-CA) to introduce HR 3939, the Truth In Trails Act, to protect patients in federal court
• Forced the State of California to stop revoking patients’ drivers licenses.
• Assisted the American Medical Association to reverse its 72 year old position by declaring that cannabis DOES have therapeutic value.
• Worked with cities and counties throughout the state of California and elsewhere to promote sensible regulations for medical cannabis.  One example is LA’s soon-to-be-passed ordinance.
• And much more!

This year has been our best yet, but there is still much to do. Many of the protections we have won could change with a new administration. Next year, ASA will continue its push to ensure further federal protections while implementing new state laws across the country. We will implement safe access in Washington DC, pass new legislation in Maryland, and aggressively challenge dispensary bans in California through high profile lawsuits.

It is my holiday wish that next year hundreds of thousands of Americans will enjoy the same protections to safe and legal access that I now have. Please help me make this wish come true by making an end of the year donation to ASA.

I need your help to build on this momentum, so that together we can achieve our goal – safe access to medical cannabis for everyone who needs it We need to raise $500,000 more for our 2010 budget, and I hope you will make this happen.

Happy Holidays from ASA!

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The Washington Post and New York Times have both run editorials endorsing Congress’ support for DC home-rule, including on the issue of medical marijuana.

The legislation has passed the House and Senate, and it is expected to be signed by President Obama this week.

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Last week, ASA was in Tucson, AZ, to discuss medical cannabis with pharmacists and drug regulators from around the nation.  What a great event!  ASA applauds the wisdom, courage and foresight of the National Association of Boards of Pharmacy for organizing the full-day symposium, and I am confident the presentations will inform meaningful dialogue among NABP’s member boards and individual pharmacists in the months and years to come.

Dr. Kenneth Mackie’ kicked off the symposium with an excellent introduction to cannabis and cannabinoids, including a comprehensive summary of cannabinoid pharmacology and some discussion of the advantages and disadvantages of utilizing the whole plant or individual compounds.   Next, the American Medical Association provided a historical review of  policy thier policy on medical cannabis and discussed the organization’s modified position.  Alice Mead, GW Pharmaceuticals, talked up the advantages of the FDA approval process and suggested that approval of a standardized, cannabis-derived drug product wouldn’t necessarily require the government to reschedule cannabis. Instead, GW Pharm seemed to be encouraging a split (or bifurcated) schedule for products like Sativex.

Dedicated medical cannabis researchers, Dr. Donald Abrams, Dr. Gregory Carter, and Sunil Aggarwal, PhD, highlighted the historical and clinical research associated with the medical use of cannabis and featured testimony from medical cannabis patients. The morning wrapped with a point-counterpoint discussion featuring most of the presenters from the morning session.  In the afternoon, representatives from the state of California and Health Canada discussed how medicinal marijuana programs have been incorporated into their respective laws and regulations with general success, while representatives from the Iowa Attorney’s General Office provided a review of the Iowa Rescheduling Petition.

By all accounts this symposium was a success!  When veteran advocate Eric Sterling asked symposium attendees directly whether they thought marijuana has medical value, a great majority raised their hands.  And, when asked directly whether attendees thought cannabis should be rescheduled for medical use, once again the great majority raised their hands.  While skeptics were present, they were not unmoved.  At the end of the day, symposium attendees overwhelmingly wanted to see cannabis rescheduled and reentered in the US Pharmacopea, believed it was feasible to compound natural cannabis, but wanted to see some safety controls and regulations in place to protect against diversion and abuse.

It was a lot of information to digest in a single day, especially for individuals who hadn’t had much exposure to the issue.  But, discussion was lively and ongoing even as I was waiting for my departure flight!  I am confident the ideas and exchanges sparked by the event last week will live on when the NABP reconvenes for their annual meeting in May.

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From the Janesville Gazette (Wisconsin):

“In Wisconsin, Gov. Jim Doyle has said he would sign the Jacki Rickert Medical Marijuana Act if it makes it to his desk.”

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Poet Advocate Richard Kearns

December 1 is World AIDS Day, an international day set aside by individuals and organizations to raise awareness about HIV/AIDS. The theme this year is “Human Rights and Access to Treatment.” Among other political and personal messages, patient advocates all over the world today will be talking to their friends, loved ones, media, and elected officials about the challenges HIV/AIDS patients face in access the health care they need. Let’s hope their voices will be heard.

The medical cannabis movement is intimately intertwined with the demand for safe access to medicine to treat the symptoms of HIV/AIDS. If it were not for the tireless crusading of men like Dennis Peron, a figurehead for medical cannabis and GLBT rights, Proposition 215 may never have been adopted. His desire to see safe and affordable access for loved ones truly changed the world.

Los Angeles medical cannabis and HIV/AIDS advocate Richard Kearns is one of many who joined Dennis in this compassionate work. Richard is a poet, prolific blogger, and outspoken advocate. He serves on the Board of Directors of one of the oldest legally organized and operated medical cannabis collectives in the Los Angeles area. He is also one of the most frequent speakers about medical cannabis before the Los Angeles City Council – something that matters as the city’s largest city struggles to adopt regulations for safe access.

Let’s not let World AIDS Day pass without honoring the commitment and sacrifices of patient advocates like Richard. More importantly, let’s take the opportunity to recognize our roots and stand in solidarity with the men, women, and trans-gendered people with HIV/AIDS who helped build the nationwide movement for safe access to medical cannabis.

(Read Richard’s moving World AIDS Day poem at AIDS-Write.com)

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