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UID:Indybay-18588627
SEQUENCE:18635578
CREATED:20090414T030000Z
DESCRIPTION:Federal Position on Medical Marijuana Put Before Ninth Circuit\nFederal 
 hearing is latest battle on whether policy is based on science or 
 politics\n\nSan 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 14th, the right to challenge an outdated position held by the federal 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."\n\n    What: Oral arguments in a case before the Ninth Circuit 
 that challenges the government's position on medical marijuana\n    When: 
 Tuesday, April 14, 2009 at 9:30am\n    Where: Ninth Circuit Court of 
 Appeals, Courtroom 4 at 95 Seventh Street, San Francisco, CA\n\nIn 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.\n\n"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."\n\nThe 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."\n\nPreeminent 
 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.\n\nFurther 
 information:\nDQA Opening Appeal Brief: 
 http://AmericansForSafeAccess.org/downloads/DQA_Appeal_Brief.pdf\nPresident 
 Obama's memorandum on scientific integrity: 
 http://www.whitehouse.gov/the_press_office/Memorandum-for-the-Heads-of-Executive-Departments-and-Agencies-3-9-09/\nDQA 
 Background info: http://www.safeaccessnow.org/DQA \n 
 https://www.indybay.org/newsitems/2009/04/13/18588627.php
SUMMARY:Medical Marijuana Court Date: Is Gov't Policy based on Science or Politics?
LOCATION:Ninth Circuit Court of Appeals\nCourtroom 4\n95 Seventh Street\nSan 
 Francisco, CA
URL:https://www.indybay.org/newsitems/2009/04/13/18588627.php
DTSTART:20090414T163000Z
DTEND:20090414T203000Z
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