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SAN DIEGO - Medical marijuanapatients around the country scored amajor win this month, as a CaliforniaSuperior Court judge issued a prelimi-nary ruling that state medical marijua-na laws can co-exist with the federallaw that prohibits all use.

Even before the oral arguments by ASAChief Counsel Joe Elford and attorneysfrom the American Civil Liberties Unionand the Drug Policy Alliance, as well asthe California Attorney General'soffice, a San Diego Superior Courtjudge issued a tentative ruling rejectingthe contention of three Californiacounties - San Diego, San Bernardinoand Merced - that the state's medicalmarijuana laws are invalid because of aconflict with federal law.

"Medical cannabis patients everywherecan breathe easier," said Steph Sherer,ASA executive director. "States can act

to protect patients, and local officialsare now on notice that they cannothide behind the federal reluctance toacknowledge medical use."

The Compassionate Use Act, enacted byvoters in 1996 as Proposition 215,removes legal penalties for patientswho use marijuana on a doctor's rec-ommendation. The Medical MarijuanaProgram Act, passed by the Californialegislature in 2003, clarifies implemen-

tation of the initiative and mandatesan identification card program thatprotects qualified patients from arrest.

In addition to pressing the court tofinalize its ruling, ASA, the ACLU andthe Drug Policy Alliance asked the courtto order the counties to immediatelyimplement the state-mandated medicalmarijuana identification card systems.

"San Diego County Supervisor Bill Hornsaid today that what the county want-ed was guidance from the court," saidASA Chief Counsel Joe Elford. "We nowhave guidance, so we look forward tothe county moving forward with an IDcard program."

The California Attorney General's officejoined the ACLU, ASA and the DrugPolicy Alliance (DPA) in arguing thatstate medical marijuana laws are notinvalidated by conflicting federal

Americans for Safe AccessM o n t h l y N e w s l e t t e r

Defending Patients’ Access to Medical Mari juana

December 2006 Volume 1, Issue 12

Americans for Safe Access • 1322 Webster Street, Suite 402 • Oakland, CA 94612

510-251-1856 • info@AmericansForSafeAccess.org • www.AmericansForSafeAccess.org

ASA staffers have recently attendedand had booths at the National MSSociety conference and the Studentsfor Sensible Drug Policy conference,where the message of safe access hasbeen well received. But it was theAmerican Public Health Association'snational conference that was mostexciting, since ASA staff not only metwith many interested health profes-sionals but returned home with thethird-place award for "Best NewExhibitor Booth."

ASA was among more than 100 newexhibitors at the American PublicHealth Association's 134th AnnualMeeting and Exposition, which con-cluded yesterday. The third-placeaward was the result of an anonymousvote by a special committee of the

more than 800 attending exhibitors.Lynn Schoen, the APHA conferencecoordinator came by the ASA exhibit toexplain that the committee had notedthe content, presentation and overalllook and feel of the booth in confer-ring the award.

"This award is a real confirmation ofASA's commitment to improving publichealth," said Caren Woodson, ASA'sdirector of government affairs. "We'vebeen asked to return next year, andwe're hoping to make a presentation,not just exhibit. We'll be talking abouthow cannabis can improve outcomes ofconventional treatments."

The APHA, an organization with morethan 50,000 members, has been onrecord as supporting legal access to

cannabis for research and medical usesince 1995. Their resolution "urges theAdministration and Congress to moveexpeditiously to make cannabis avail-able as a legal medicine where shownto be safe and effective and to immedi-ately allow access to therapeuticcannabis through the InvestigationalNew Drug Program."

The APHA Annual Meeting andExposition is the oldest and largestgathering of public health profession-als in the world, attracting more than13,000 participants.

Next up on ASA’s conference tour is theNational Association of People withAIDS (NAPWA) “Staying Alive” confer-ence, where we are presenting a mini-

Award for ASA Exhibit from American Public Health Association

ASA Helps Defeat Counties' Challenge to California Patient Protections

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institute on medical cannabis andHIV/AIDS.

Next year ASA is planning on being avoice for patients at the followingmedical, scientific and condition-basedconferences:

The International Cannabis ResearchSociety, the American Pain SocietyAnnual Meeting, the U.S. Conferenceon AIDS, the American Association ofCancer Research meeting, the NationalAlzheimer’s Society conference, andthe AARP annual meetings and expoevents.

The therapeutic opportunities offeredby the body's own cannabinoid systemare the focus of two pieces of recentlypublished research.

Since the endocannabinoid system wasdiscovered in the 1990s, scientist'sknowledge of the endogenouscannabinoid system, its physiology,pharmacology and therapeutic poten-tial has expanded enormously.

In the first study, published in theDecember issue of Fundamentals ofClinical Pharmacology, a Swedishresearcher, C.J. Fowler presents areview of work published on theendogenous cannabinoid system, with"particular emphasis on the mecha-nisms of removal and metabolism ofthe endocannabinoid signaling mole-cule anandamide." Fowler notes thatthe current literature shows cells canaccumulate anandamide, and that thisprocess can be disrupted pharmacolog-

ically, but that how that happensremains a matter of some debate. Heconcludes that manipulating how thebody reacts to anandamide has poten-tial therapeutic utility in a number ofareas, in particular for the treatment ofpain conditions.

The second endocannabinoid study, areview conducted by a team of Italianresearchers at the University of Teramo,examines the potential of utilizing spe-cific cannabinoids as "broad spectrummodulators" to treat conditions relatedto aging. The review summarizes themain features of the endocannabinoidsystem and what scientists have cometo understand about its role in regulat-ing the aging of central and peripheralcells. The researchers also looked athow recently developed drugs that acton the endocannabinoid system may beuseful "for the treatment of aging andage-related human pathologies."

Two Research Reviews Show CannabinoidPotential for Treatment of Pain and Aging

(APHA Award, continued)

statutes - an opinion previously voicedby the attorneys general of severalother states, including Colorado,Hawaii and Oregon, which permit med-ical use of marijuana.

ASA argued that despite the federalgovernment ban on medical marijuana,all states remain free to adopt andimplement medical marijuana policiesof their own design.

The case originated from a lawsuit ini-tially brought against the State ofCalifornia by San Diego County, which

was later joined by San Bernardino andMerced counties. The ACLU, ASA andDPA intervened in the proceedings onbehalf of patients and their caregiversand doctors in order to assure ade-quate representation of those mostimpacted by the case.

In addition to being co-counsel, ASAwas also a party to the proceedings onbehalf of its membership, whichincludes thousands of medical marijua-na patients, caregivers and physicians.ASA and the other groups represent Dr.Stephen O'Brien, a physician who spe-cializes in HIV/AIDS treatment and

believes many of his patients benefitfrom medical cannabis, as well asWendy Christakes, Yvonne Westbrook,William Britt and Pamela Sakuda - allCalifornians who use physician-recom-mended marijuana to treat medicalconditions including chronic pain andsciatica, multiple sclerosis, rectal cancer,epilepsy and post-polio syndrome. Thegroups also represent Sakuda's spouseand caregiver, Norbert Litzinger.

"We just wish Pam had lived to seethis," said Sherer of ASA. Ms. Sakudapassed away a week before the hear-ing, after a long battle with cancer.

(ASA Court Win, continued)

NATIONAL ACTION ALERTSend a Letter to the New Speaker of the U.S. House of Representatives

Join us in welcoming Speaker Nancy Pelosi to her new position in the U.S.House of Representatives. Speaker Pelosi has been outspoken in her supportof protections for medical cannabis patients. This is an opportunity to thankher for her work, remind her that more than $10 million taxpayer dollars havebeen wasted recently on raiding medical cannabis patients and dispensaries,and ask that she remember the plight of patients as she sets the agenda forthe next Congress. Take a minute to write her a brief note today.

Speaker Nancy Pelosi, 2371 Rayburn HOB, Washington, DC 20515http://www.house.gov/pelosi/

AMERICANS FORSAFE ACCESS

www.AmericansForSafeAccess.org

1322 Webster Street, #402Oakland, California 94612

Phone: 510-251-1856Fax: 510-251-2036

info@AmericansForSafeAccess.org