ASA Activist Newsletter
In the September 2020 Issue:
- House Schedules Historic Vote on Cannabis Reform
- House Committee Approves Bill to Clear Roadblocks to
Research
- ASA Urges Supreme Court to Hear Descheduling
Case
-
ASA Releases Annual Report on State Medical
Cannabis Programs
- Register and Vote MMJ
- ASA Participates in CDC Meeting on Chronic Pain
- CBD Nation Film and ASA States Report Featured on Cannabis Enigma
Podcast
- ASA Conducts PFC Webinars on Safety and Regulations
- Activist Profile: Marvin Washington, New Jersey
- ACTION ALERT: Urge Your Rep to Vote for the MORE Act
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House Schedules Historic Vote on Cannabis Reform
The House of Representatives is taking
historic action on cannabis measures. A House vote is scheduled for
this month on the MORE Act (HR
3884/S 2227), legislation that would remove cannabis from the
Controlled Substances Act altogether. In addition to removing federal
legal restrictions on cannabis, the bill would impose a 5-percent tax
on cannabis products that would fund cannabis job-training, expunging
cannabis-related criminal records, and a national equity licensing
program. The coming vote marks the first time Congress has taken a
floor vote on legislation legalizing cannabis. It is only the second
piece of cannabis reform legislation to receive a House floor vote
since the House approved the SAFE Banking Act (HR
1595) last September.
Americans for Safe Access is a supporter of the MORE Act, and is
reaching out to congressional offices ahead of the vote to encourage
members to cosponsor the bill and support the measure when it reaches
the House floor during the week of September 21.
“ASA encourages you to get engaged and reach out to your member of
Congress and urge them to do the same. For more information on how
you can get involved please visit ASA’s MORE
Act action page.
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House Committee Approves Bill to Clear Roadblocks to
Research
On September 8, the Energy &
Commerce Committee in the House of Representatives approved
legislation (HR
3797), legislation that would remove federal obstacles to
conducting federally approved research on cannabis. Currently all
approved research must use cannabis grown for the federal government’s
National Institute on Drug Abuse (NIDA) at the University of
Mississippi. Scientists and advocates have criticized the quality of
cannabis produced by NIDA, which is not comparable to that sold in the
33 states with legal medical cannabis access.
If enacted, the law would permit researchers to secure qualified
samples from private cultivators and manufacturers. The bill
introduces a simplified registration process for cannabis researchers
and requires the U.S. Department of Health and Human Services to issue
a report within five years of the bill’s enactment that details the
status and results of all available research in cannabis.
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ASA Urges Supreme Court to Hear Descheduling Case
Last week, Americans for Safe Access
filed a “friend
of the court” brief with the U.S. Supreme Court, urging them to
hear a lawsuit challenging the federal scheduling of cannabis. ASA’s
amicus brief, which was filed with the pro bono support of attorneys
in Goodwin’s cannabis and appellate practice groups, highlights the
plight of medical patients who face numerous restrictions in accessing
and using medical cannabis.
“ASA is very grateful to the Goodwin law firm and particularly
Brett Schuman, Jennifer Briggs Fisher, Andrew Kim and Nick Costanza
for working with our organization on this important brief,” said
Debbie Churgai, executive director of Americans for Safe Access. “The
Court’s has the opportunity to remove legal barriers for the millions
of patients with debilitating illnesses across the country that rely
on cannabis to relieve their suffering.”
The case was brought by five plaintiffs, including three who rely
on treatment with cannabis to keep them alive: 14-year-old activist
Alexis Bortell, Iraq War Veteran Jose Belen, and nine-year old Jagger
Cotte. Bortell, Cotte and Belen, must carry their medical cannabis
with them at all times, so they cannot legally travel by air or be on
federal property. Bortell has also had problems with the schools she
can attend. Her local schools will not permit her to use medical
cannabis, so she has to travel 90 minutes a day to and from a high
school that will. In middle school, she was barred from a class trip
to Washington, DC because it would be illegal for her to have her
medical cannabis on federal property. Bortell, Cotte and Belen all
live in constant fear of losing their medication or even being
arrested.
Michael Hiller, lead counsel for the plaintiffs and a former
professor of constitutional law whose law firm, Hiller, PC, is
handling the case pro bono, is hopeful that the U.S. Supreme Court
will take up the appeal, even though few such petitions are
granted.
“The confusing and unsettled nature of cannabis law has reached a
breaking point, warranting resolution by the Court,” said Hiller, who
notes “the disparity between state and federal law, the conflicting
decisions among the courts, the millions of Americans who depend on
medical cannabis to keep themselves healthy and alive, and the “tens
of billions of capital invested by cannabis businesses throughout the
country to mass produce a product, the legality of which is completely
unclear.”
“The Supreme Court should allow these constitutional challenges to
be addressed in the federal courts,” said Brett Schuman, who leads the
Cannabis Practice at Goodwin, the law firm that worked with ASA on the
brief. “We’re very proud to have been retained by ASA to file this
amicus brief.”
Read the full press release at: www.safeaccessnow.org/2020_amicus_brief
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ASA Releases Annual Report on State Medical Cannabis Programs
On September 10, ASA released their sixth annual report on state
medical cannabis programs. The “2020
State of the States Report: An Analysis of Medical Cannabis Access in
the United States” analyzes state programs from a patient
perspective and grades them from A to F. The report breaks down what
those programs are doing well, where they are failing, and how the y
can be improved to better serve the needs of patients.
Findings in the 2020 report
show that the impact of COVID on medical cannabis was immense this
year. However, it wasn’t all bad news. Thanks in part to ASA’s
efforts, governors and medical cannabis directors in several
states put in place temporary regulations that further protected
patients while also guaranteeing no disruption to safe access to
medical cannabis for patients. Curbside pickup, delivery, and
telehealth were temporary regulations many states put in place to
ensure continued access to medicine. The se COVID solutions also
addressed some of the pre-existing needs for patients.
“Access to medical cannabis has come a long way since California
passed Proposition 215 in 1996. However, this report shows us that
while medical cannabis programs grow throughout the country, states
are still failing to provide programs that fulfill the needs of all
patients,” said Debbie Churgai, ASA
executive director . “That is why as part of this report, we
do not just analyze the programs, but also provide state legislatures
across the country distinct methods to improve their medical cannabis
programs.”
Oregon and Oklahoma received top marks for their medical cannabis
programs, receiving an ‘A’ and ‘B’ respectively. Meanwhile, the 14
states that limit access to CBD oil or low THC oil received ‘F’s.
These highly restrictive systems are all failing to meet the needs of
medical cannabis patients. Even states with more robust programs have
areas where they are failing to meet patient needs , including some
states which have legalized cannabis for adult use.
“We will continue to work to improve state medical cannabis
programs using tools like this report, but passing comprehensive
federal cannabis legislation is the only way to truly meet the needs
of all patients in the US,” said ASA P
resident Steph Sherer .
ASA’s recommendations on how to end the federal conflict through an
Office of Medical Cannabis federal oversight is included in the Model
Federal Legislation report.
Join ASA on September 23 at 7 p.m. ET (4 PT) for a free
webinar on the 2020
State of the States Report. ASA staff will provide background and
context to the report, cover the major conclusions and leave plenty of
time for audience questions at the end. Please visit www.safeaccessnow.org/sos20_webinar to
RSVP.
Link to full report: www.SafeAccessNow.org/SoS
Link
to blog on Top 5 Key Takeaways from SoS Report: www.SafeAccessNow.org/SoS20_blog
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Register and Vote MMJ
To check your registration status, register to vote, or find out
how to vote by mail or online in your state , please visit our Vote
Medical Cannabis page . Make your voices heard and cast your vote
this election season, because every vote is a medical
cannabis vote!
www.safeaccessnow.org/vote
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ASA Participates in CDC Meeting on Chronic Pain
ASA ’s Interim Policy Director Dustin McDonald provided insights on
using cannabis for pain management as part of a stakeholders’
discussion with the U.S. Centers for Disease Control and Prevention
(CDC). The CDC asked patients, caregivers and physicians to share
their experiences with use of opioids for pain management versus
alternative treatment options as part of their ongoing effort to
update the Centers’ 2016 internal guidance - Guideline for Prescribing
Opioids for Chronic Pain.
“CDC’s solicitation provides an important opportunity for patients
and advocates to share their thoughts and experiences about the use of
medical cannabis to manage pain with a federal agency under HHS,” ASA
Executive Director Debbie Churgai told Marijuana Moment. “It also
offers cannabis patients, their caregivers and physicians a chance to
weigh in on cannabis as a form of harm reduction in treating opioid
addiction, and share case studies demonstrating the effectiveness of
cannabis in treating chronic pain from across the 47 states with legal
medical programs.”
The hour-long discussion with CDC officials covered the limitations
of current FDA-approved pain management products, which range from
opioids to over-the-counter medications. ASA highlighted the utility
of medical cannabis in aiding patients suffering from chronic and
acute pain. During the meeting, ASA shared with CDC staff information
on medical cannabis treatment options, challenges faced by patients in
securing access and the many educational and training resources ASA
has available for lawmakers, regulators, researchers, physicians,
caregivers and patients on medical cannabis.
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ASA Virtual Symposium on Neurological Conditions Sept 26
Join ASA on Saturday, September 26 from 12pm to 6pm ET for the Medical
Cannabis Symposium for Pediatric Neurological Conditions ,
presented by the Sonoma Chapter of ASA (Sonoma County ASA) and Americans
For Safe Access National. This event will be free to everyone .
ASA asks that those who are able to make a donation to support this
important work do so.
The presentations will feature
physicians and researchers, parents and caregivers, industry and
policy experts and pediatric patients themselves. C over ed will be
topics such as School Cannabis Policies, Cannabis and the Developing
Brain and Transitioning into Adult Care. Keynote speakers include Dr.
Bonnie Goldstein and Dr. Dustin Sulak.
ASA is seeking sponsors
to support this event. To take advantage of this opportunity to reach
a national online audience in support of safe access , contact Reenal
Doshi at [email protected] for
more information.
RSVP or see the full agenda at: www.safeaccessnow.org/neuro20.
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CBD Nation Film and ASA States Report Featured on Cannabis Enigma
Podcast
The latest episode of the Cannabis
Enigma Podcast features an interview with David Jakubovic,
director and producer of the documentary CBD Nation. At the end of the
podcast is a 10 minute summary of ASA’s State of the States report
from Interim Policy Director, Dustin McDonald.
The podcast, co-produced by The
Cannigma and Americans for Safe Access, can be found at www.safeaccessnow.org/podcasts
or wherever you listen to podcasts.
The trailer for CBD Nation is at https://youtu.be/Rp0ls32hhpU,
and the full documentary is available online.
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ASA Conducts PFC Webinars on Safety and Regulations
Safety training was the focus of a webinar in September presented
by ASA’s PFC Director Heather Despres. The safety training for
volunteers at The Social Impact Center who are helping with National
Expungement Week. , guided volunteers through proper use of personal
protective equipment and prepare them to interact with people during
National Expungement Week. The training can be found at: www.safeaccessnow.org/covid_safety_training_webinar
Despres will also be participating in a roundtable discussion as
part of a CannaBizMD
event on October 3. The panel, Regulatory Considerations for
Clinical Practice, will address the unique challenges for U.S.
healthcare providers in navigating professional ethics, regulations,
public policy, and the impact on public health as medical cannabis
programs expand. Roundtable members will discuss the complex federal
regulatory landscape relative to patient care and medical cannabis
research. Tickets are available from CannaBizMD.
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Activist Profile: Marvin Washington, New Jersey
When Marvin Washington retired from the NFL in 1999 after 11
seasons with a Super Bowl ring on his finger, he wasn’t thinking about
cannabis. The financial industry was where he was headed. Fifteen
years later, in 2014, he got approached by a cannabis business looking
for a spokesperson. After hearing about the opportunities, he attended
a conference to learn more about the industry.
Once there, he says his “mind exploded,” and he began a deep dive
into the issues and immediately became an advocate.
“If my advocacy is a three-legged stool, then I was first an
advocate for athletes, then as an entrepreneur invested in four
companies, and I’m an advocate for the most underserved and hurt.”
In January 2015, Marvin and two other Super-Bowl-winning players
authored an opinion
piece in the Huffington Post urging the NFL to allow players to
use cannabis to manage pain and brain injuries. Even though medical
use was allowed in many states at that point, the NFL had a policy of
suspending players for even legal medical use. Marvin and the other
players asked the NFL to end that policy and to devote resources to
studying the potential of CBD for treating head injuries that can
result in what they describe as the NFL’s industrial disease: Chronic
Traumatic Encephalopathy (CTE). They also asked the NFL to take a
leadership role in addressing the injustice of racial disparities in
drug law enforcement.
Marvin is still concerned with how the NFL is handling the health
and safety of athletes, but he’s seen progress that suggests the same
Therapeutic Use Exemption that applies to other restricted medications
may be available for players who want to use cannabis medicines
instead of more dangerous pharmaceuticals. In recent years, Marvin
has focused his attention on the social justice aspect of this
issue.
“Enough athletes are speaking out about medical cannabis now,” says
Marvin. “As an African-American man, I need to bring the message to my
community about the medical and economic benefits of this plant.”
The history of the disproportionate impacts of cannabis prohibition
on communities of color has left a legacy that extends into many
areas, leaving stigma and limited opportunities.
“We need to mature as an industry,” Marvin says. “We’re still the
Wright brothers at Kitty Hawk.”
Educating cannabis businesses is part of his mission. Since he
serves on the board of directors of six different cannabis companies,
he has opportunities to be an agent for change.
“Diversity and inclusion is putting me on a board,” Marvin says.
“Once I’m on that board, I have to make sure that company creates
social equity by ensuring those who have been affected most by the
prohibition of cannabis can be successful in this industry.”
Marvin’s leadership role in advocating for change is no longer just
on the athletic and business side. Now he’s taking legal action, too.
Marvin is the lead plaintiff in a group of patients suing the U.S.
Attorney General to change the scheduling of cannabis, alleging a
pattern of racial discrimination in the origin and enforcement of
cannabis prohibition.
ASA has just filed a friend-of-the-court
brief in support of that lawsuit, urging the U.S. Supreme Court to
hear the case. Much has changed for patients and cannabis in America,
but for Marvin, social justice and equality are still at stake, and
trepidation is attached to the plant for the African American
community.
“Some people went from tie-dye to suit and tie,” says Marvin, “But
we couldn’t change our color.”
Marvin says stigma still stalks cannabis, but he’s not afraid. He
welcomes the conversations that come from telling people he’s in the
cannabis industry, and 99% of them have been positive.
“We need more people to come out of the green closet,” he says.
Marvin believes in the power of the whole plant, and thinks it has
a place in every medicine cabinet in the U.S.
“We’re table setters for the people who will see this through,”
says Marvin. “The athlete who is going to take this to middle America
is probably in junior high now.”
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ACTION ALERT: Urge Your Rep to Vote for the MORE Act!
The House is poised to vote on the MORE Act (HR
3884) in the week of September 21. ASA supports the MORE Act
because it would remove cannabis from the Controlled Substances Act
and benefit the medical cannabis community in several ways. ASA asks
patients, caregivers, physicians and advocates to contact their
members of Congress and urge them to cosponsor and vote for the
measure. With the bill moving quickly it is important that your
federal elected leaders hear from you as soon as possible.
Take action today at https://www.safeaccessnow.org/more.
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