Americans for Safe AccessA c t i v i s t N e w s l e t t e r

Defending Pat ients ’ Access to Medical Mari juanaFEBRUARY 2015 Volume 10, Issue 2

Americans for Safe Access • 1806 Vernon Street NW • Washington, D.C. 20009 202-857-4272 • info@AmericansForSafeAccess.org • www.AmericansForSafeAccess.org

More than 300 patients and advo-cates converged on the Washingtonstate capitol last month for a day of

citizen lobbying sponsored by the WashingtonState Chapter of Americans for Safe Access.

Led by ASA’s Executive Director Steph Shererand Legislative Analyst Kari Boiter, who lives inthe state and helped found the chapter,Medical Cannabis Day included workshops, alegislative briefing and am afternoon of citizenlobbying in which advocates visited scores ofstate elected officials to ensure that patients'voices are at the forefront as state policymak-ers debate the future of medical cannabis.

The briefing for legislators and their staff fea-tured ASA’s Sherer, Neuropathic Pain specialist

Dr. Jake Felice, licensed cannabis business co-founder Oscar Velasco from Dockside, unionorganizer Patrick MacKay from United Foodand Commercial Workers, patient caregiverDale Rogers, and Veterans for MedicalCannabis Access organizer Patrick Seifert.

The lobby day generated considerable atten-tion in state media outlets, and a key legislator,Senator Ann Rivers, changed to a more sup-portive position less than 24 hours later andnow reportedly will remove restrictions onsales of dried cannabis flowers from the pend-ing bill she sponsored.

The state’s 16-year-old medical program hasbeen under debate since voters thereapproved a new, parallel system for adult

access to cannabis. Regulation of medical dis-tribution that was approved by the legislaturein previous years was derailed by threats toelected officials from federal prosecutors in theUS Attorney’s office.

Despite having no state mechanism for licens-ing, Washington’s medical cannabis businessescontributed more than $14 million to state cof-fers in Fiscal Year 2014, according to the stateDepartment of Revenue.

ASA’s Washington State Lobby Day Draws Hundreds to Capitol

PEDIATRICIANS URGERESCHEDULING, RESEARCH,

IMMEDIATE ACCESSA professional organization representingmore than 62,000 pediatricians in the USlast month endorsed the use of cannabis forsome seriously ill children and called on thefederal government to conduct moreresearch and change the classification ofthe drug to recognize its medical uses.

The American Academy of Pediatrics (AAP)said in its journal Pediatrics that cannabisshould undergo FDA clinical trials but notedthat “some children who may benefit fromcannabinoids cannot wait for a meticulousand lengthy research process.” For that rea-son, “the Academy recognizes some excep-tions should be made for compassionateuse in children."

The AAP also recommends that cannabis bechanged from a Schedule 1 controlled sub-stance—defined as having no currentlyaccepted medical use in the United States—to Schedule II, where it would be classifiedwith drugs such as oxycodone that may beused in treatment under a doctor’s supervi-sion. That change, the AAP notes, wouldenable more research and development ofpharmaceutical cannabinoids.

An ailing, elderly patient facing federal trial inWashington State has asked the court to dis-miss his case because of the new Congressionalmeasure that bans the Department of Justice

(DOJ) from interfering instate medical cannabis pro-grams.

Larry Harvey, 71, is one of theKettle Falls Five, members ofa family from rural north-eastern Washington Statethat have been indicted in awidely watched federal

medical marijuana case. The motion filed byhis defense attorney asks for either dismissal ofhis case or an order preventing further prose-cution. Harvey suffers from several seriousmedical conditions and was recently diag-nosed with Stage IV pancreatic cancer, whichhas metastasized to his liver.

Harvey's motion by attorney Robert Fischerargues that the threat of federal prosecution”prevents states from implementing their ownlaws" and determinging “whether someone isin compliance with its laws or not."

Harvey's motion to dismiss comes just a monthafter President Obama signed the federal gov-ernment’s fiscal-year 2015 budget bill, whichcontains the new limits on federal enforce-ment. The bipartisan amendment sponsoredby Representatives Dana Rohrabacher (R, CA)and Sam Farr (D, CA) prohibits DOJ funds from

being spent to block implementation of statemedical cannabis laws. Federal prosecutionssuch as that of the Kettle Falls Five run contraryto the intent of Congress.

The Kettle Falls Five are Harvey; his wifeRhonda Firestack-Harvey, 56; her son RollandGregg, 33; daughter-in-law Michelle Gregg,36; and friend of the family Jason Zucker, 39.All are qualified patients with serious medicalconditions.

In August 2012, the Drug EnforcementAdministration (DEA) raided the rural proper-ty of Harvey and his wife and seized 44 prema-ture cannabis plants. Federal prosecutorscharged the five with conspiracy to manufac-ture and distribute marijuana, manufactureand distribution of marijuana, maintaining adrug-involved premises, and possession of afirearm in furtherance of a drug traffickingcrime. Agents confiscated the family's 2007Saturn, $700 in cash, their legally ownedfirearms and other property. Each defendantfaces a mandatory minimum sentence of 10years in prison if convicted.

ASA brought Harvey to DC twice last year tolobby in support of the Congressional amend-ment that is the basis for his motion to dismiss.

A hearing on the motion is scheduled forFebruary 12 at 10am in U.S. District Court inSpokane, Washington, before Judge ThomasRice. Trial is set for February 23.

Dismissal Sought in Kettle Falls Five Case

A large cultivation operation in northernCalifornia will break ground this month, thefirst on land belonging to a NativeAmerican tribe. The project follows a policychange by the Department of Justice thatsays federal authorities will not interferewith cannabis cultivation or distribution onnative lands, so long as it satisfies federal

enforcement concerns. The Pomo Nation inMendocino County, part of what is knownas California’s Green Triangle, has enteredinto an agreement with an outside investor,FoxBarry Farms, which has worked with sev-eral tribes on a variety of economic devel-opment projects. FoxBarry will developgreenhouses for the tribe and manage dis-

tribution of the medical cannabis inCalifornia. Plans include 90,000 square feetof greenhouses and 20,000 square feet ofindoor cultivation, to be developed withthe help of consultants from UnitedCannabis in Colorado. FoxBarry is reported-ly developing three medical cannabis oper-ations on different tribal lands in California.

CONTEST: Medical Marijuana Week, Feb 8-15You + a Pic = A chance To Win! Simply snap a photo ofyourself with the hashtag #WellnessIsWinning, tag it with#MMJWeekUnity15 on Instagram, Twitter or upload direct-ly on our Facebook page. Winners will be announced onFebruary 20, 2015. Winners will be determined by the num-ber of votes on Facebook.

How to Enter:: Upload a photo on ASA's Facebook Pageunder #MMJWeekUnity15 or submit one via Twitter orInstagram by using the hashtag #MMJWeekUnity15.

Prizes include: (1) a Free trip to the 2015 National Medical Cannabis UnityConference in Washington, D.C. including registration, hotel and travel; (2) ASASwag Bag with ASA Vape Pen, ASA T-shirt, ASA Water Bottle & ASA Tote Bag; (3) 3.ASA T-shirt, ASA Banner Pen & ASA Water Bottle.

How to Vote: Go to ASA’s Facebook Page. Under #MMJWeekUnity15 click on 'Vote'and then select your favorite photo. If you submit a photo, encourage your friendsand family to vote for your photo by sharing your photo contest entry on Facebook.

Americans for Safe Accessannounced its third annualUnity Conference, "Wellness isWinning: Advancing EvidenceBased Medical CannabisPolicy," with an ad in the USAToday NFL Superbowl Preview.

The Washington, D.C. conference will high-light medical and legal experts, policymakers,as well as workshops and panels focusing onresearch, strategic planning, and skills build-ing. On Tuesday, March 31, ASA will host apress conference and Congressional lobbyingvisits by hundreds of patient advocates.

The conference opens Saturday, March 28,with a keynote address by researcher Dr. Ethan

Russo of GW Pharmaceuticals,followed by panel discussionsand stakeholder breakout ses-sions. Sunday, March 29, willfeature experts discussingmedical cannabis research,the state of policy reform inthe U.S., and the harmoniza-

tion of regulatory approaches.

Monday, March 30, is dedicated to education-al and skills building workshops and an awardsdinner. Tuesday, March 31 will be a Lobby DayTraining in the morning, followed by a pressconference at 11am, and Congressional visitsthat afternoon with hundreds of conferenceparticipants advancing federal medical mari-juana policy reform.

ASA Touts Unity Conference in USA Today

Pomo Nation is First Tribe to Cultivate Medical Cannabis

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An unexpected turnabout in Illinois late lastmonth saw Gov. Bruce Rauner issue morethan 70 state permits to cultivate and dis-tribute medical cannabis to registeredpatients. The move came only a week afterthe governor said he had halted the granti-ng of any licenses until a legal review wascomplete of the application process begununder his predecessor. The change of heartcame after an internal review and consulta-tion with the state Attorney General,according to the governor’s office.

Eighteen cultivation centers were approvedto begin growing cannabis; three otherapplicants are undergoing additionalreview. Distribution permits were issued for53 companies, with five more pending fur-ther review. To gain final approval, appli-cants must to pay state fees, register allemployees and show they have sufficientoperating funds. It will still be severalmonths before registered patients will beable to legally obtain medicine.

Many of the successful applicants in Illinoisare former state officials. A manager of oneof the cultivation companies, Ieso LLC, is aformer director of the Illinois Department ofAgriculture. Green Thumb Industries, whichwas awarded three cultivation licenses aswell as one to operate a dispensary, has aformer state representative who is a closeally of the House Speaker as a consultantand lobbyist.

Israel Leads Research Long a leading center for medical cannabisresearch, Israel this month is the site of aninvestor’s conference, CannaTech Israel.Israeli medical cannabis producers havebred a strain, dubbed “Rafael” after thehealing angel, that is rich in non-psychoac-tive cannabidiol or CBD and low in psy-choactive THC. Like Charlotte’s Web, theIsraeli strain does not produce intoxication.International health officials as well asinvestors from Australia, the US and else-where are eager for the chance to export itfrom Israel. The medical cannabis advisor forthe country’s Health Ministry says agricul-ture officials favor making Israeli strainsavailable for export, but officials in otherbranches of the government oppose it.

Illinois Grants Scoresof Cannabis Licenses