At Last! Schedule I Status Going to Federal Court

Here are a few excerpts from the article. The gist is that for the first time, a Federal judge will here the merrits of Schedule I status with Americans for Safe Access v. DEA.


http://metrotimes.com/mmj/putting-dea-on-the-defensive-1.1355614

This might be the big one for medical marijuana and marijuana legalization advocates. The U.S. Circuit Court of Appeals in Washington, D.C., has agreed to hear Americans for Safe Access vs. Drug Enforcement Administration,which challenges the federal classification of marijuana as a Schedule I drug.
...

This appeal stems from a 2002 petition by the Coalition for Rescheduling Cannabis — Americans for Safe Access (ASA) is a member of the coalition — to get the Drug Enforcement Agency (DEA) to reschedule marijuana. The DEA dragged its feet until last year when the ASA sued to force the government agency to give an answer. The DEA then denied the petition. That was actually a step forward because the decision opened the door for the ASA to make the DEA prove its position.
"This is a rare opportunity for patients to confront politically motivated decision-making with scientific evidence of marijuana's medical efficacy," ASA attorney Joe Elford wrote in a statement on the ASA website.
...


"If rescheduling is successful, there are patients in federal court who will gain a medical necessity defense," Zink says. "If marijuana were reclassified on a federal level it would apply equally in all 50 states. The ASA is asserting that the federal government has acted arbitrarily and capriciously in its efforts to deny cannabis to millions of patients throughout the United States. This is about preserving our scientific integrity and to address the urgent needs of millions of patients across our country."

An ASA victory in this case would not make marijuana legal, but it would clear the way for research on therapies utilizing marijuana and open a defense for medical marijuana patients charged with federal drug crimes. Currently anyone charged by the feds for activities that are legal under state law cannot use or even mention their state medical marijuana status. It would also probably open the door for a more rational discussion of the drug war that has cost our nation a trillion dollars and many lives over the past 40 years.

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Here is the link to Americans for Safe Access discussing the case:
http://www.safeaccessnow.org/article.php?id=7260

I am in Canada and we have big changes here to. Read My Story
I asked my doctor and gave him the app and the waiver he said he would look in to it. At my next appt he said he took the matter to the ethics board and was told that he would open himself up to rev can audit, and did not want that. So I went to MM.ca with with my MRI that says I have Osteoarthritis. I got doctors appt and was told that she was filing a B2 app for me because Osteoarthritis is not a B1 illness and that I may be Rejected because the doctor at the pain clinic that sent me for the MRI is not a registered specialist as required on a B2 app. 2 Months later I received notice from Health Canada to find a specialist. Its now 2 Months later I have sent out 4 referrals from my doctor, 2 have responded with a refusal of the referral saying simply I can not Help this patient.
Another month has gone by and I got review of my App, I have specialist report stating Chronic pain due to osteoarthritis and doctor has stated cannabis as a pain reliever, health Canada has denied report because doctor is not a Royal Colleges of Physicians degree. My Doctor is now trying to convince them on the merit of the specialist, and in all this I asked my Doctor about Her Contact at health Canada and if there is any Medical people there she said no, How in the heck is it Legal for a non medicaly licenced goverment person to be making decisions on My HEALTH CARE. The law was struck down because" patients are unable to find a Doctor to sign the app", I have 2 Doctors that are recommending cannabis.
Just had it out with Health Canada, They are not budging Royal Colleges of Physicians degree or NO ACCESS!!!!
I am Just a guy in pain trying to continue to work and take care of my disabled wife and by the way it takes her 8-10 months to get a specialist. It really is a case of the compassion of medicine hitting the burecrtic brick wall.
I am in my 4th month of pursuing my MMAR licence, I have finally had my specialist appt with a doctor who is FRCPC Runatoligest and Royal Colleges of Physicians Accredited. Not to make light of his stroke a few years back but this doctor was on more Meds that I could only dream about, I mean this guy was as
high as a kite. The first hour of the Appt was discussing where my pain is and my med list, half the hour was taken up with lecturing me on how bad it is for me to
be getting allergy shots every 2 weeks, the 2nd part of the hour was recommending that I stop using Celebrex and baclifen which are the 2 meds that are helping the swelling and back spasams.the 2nd hour was the physical exam in which he twisted and turned me until I was in pain and in conclusion determined that all can be fixed by exercise, weight loss and quitting smoking, He did on the other hand diagnose me with Fibermyalga which my wife and I have suspected for years.
All in all he gave me no real ideas or suggestions on how to manage pain like my pain specialist did. But at least I will have a report from a specialist that health Canada will accept. I should know within a month.
Going into my 5th month I find the "Proposed Redesigned Program" Insane that I have spent 3 months lookin for a specialist/specialist when the "Proposed Changes will eliminate A Specialist.
How the Proposed Redesigned Program Would Work
4.1 Physician-Patient Interaction
Health Canada maintains that the determination as to whether the use of marihuana for medical purposes is appropriate for a particular individual is best made through a discussion with their physician. In this regard, Health Canada is proposing to eliminate the categories of conditions or symptoms for which an individual may possess marihuana for medical purposes under the MMAR.
Individuals would continue to be required to consult a physician to obtain access to marihuana for medical purposes. Since categories would be eliminated, there would no longer be a requirement for some individuals to obtain the support of a specialist in addition to their primary care physician in order to access marihuana for medical purposes.
The existing medical declaration would be replaced by a new document provided by the physician to the individual. Health Canada will consult the medical community on the form this document will take.
Individuals would no longer be required to submit information to Health Canada to be authorized to possess dried marihuana. Instead, they would submit their physician's document directly to a licensed commercial producer.
Health Canada will establish an Expert Advisory Committee to improve physician access to comprehensive, accurate and up-to-date information on the use of marihuana for medical purposes, thereby facilitating informed decision-making with respect to the use of marihuana for medical purposes.
Health Canada would work with the medical community, their provincial/territorial licensing authorities and their associations on the proposed improvements to the program.
So still after 4 months the only safe place I can medicate is my Bathroom, and even at that I am breaking the law

Ouchie. That sounds like a brutal process-- the situation seems to be heading to a much better place, though. I hope you have the access you need soon.

YES finally it's about time this corrupt government is changed..... There is so much scientific evidence out there even with the limited access... there is really no arguing if all the facts are presented.

the DEA will likely trot out their statistic showing how youth marijuana addicts are on the rise and costing us millions in treatment dollars as the go into voluntary rehab centers..
you know the story right? almost every time someone is busted for small time pot offenses they are offered two options - go to jail or go to rehab.. if you choose rehab then you are an "addict voluntarily seeking treatment" and they add you to their growing list.. they will say that you are contributing to $80,000,000,000 in yearly health costs...

off topic: isnt canadas great healthcare system suppose to be some sort of model for this universal healthcare in america??

loopster said:

off topic: isnt canadas great healthcare system suppose to be some sort of model for this universal healthcare in america??

Click to expand...

i am not sure what you mean - would you rather it was based on the spanish inquisition?