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Scientific journal of AAAS says federal government has failed to recognize
efficacy of medical marijuana
Oakland -- Former FDA Commissioner and Editor-in-Chief of Science Magazine,
Dr. Don Kennedy, authored an editorial on medical marijuana in this week's edition
of the American Association for the Advancement of Science (AAAS) publication.
The AAAS concluded that the federal Department of Health and Human Services
(HHS) violated its own guidelines regarding information quality when it rejected
the petition filed by national medical marijuana advocacy organization Americans
for Safe Access (ASA).
In February 2007, ASA filed a lawsuit in United States District
Court in
San Francisco against HHS and FDA for violating the little known
Data Quality Act (DQA). The DQA is a mechanism to ensure that regulatory
agencies base policy decisions on sound science. The DQA lawsuit followed a
two year administrative process in which HHS denied ASA's petition.
"This is vindication from the scientific community that the
medical efficacy of marijuana clearly exists and is being ignored by the federal
government," said ASA Executive Director Steph Sherer. "The opinion
illustrates the broad nature of support for the advancement of this important
medicine."
The following is an excerpt from the Science Magazine editorial:
"...Americans for Safe Access (ASA), a group advocating
marijuana availability for severely ill patients needing pain or nausea
relief, petitioned the Department of Health and Human Services (HHS)
under the DQA in 2004. They alleged that HHS made false statements in its
publications and its Web site, in particular that marijuana 'has no currently
accepted medical use in treatment in the United States.' ASA cited an
Institute of Medicine study that acknowledged benefits from the use of
marijuana and cannabinoid derivatives and referenced double-blind clinical
trials demonstrating relief from pain and vomiting. HHS delayed a
response for months beyond its own deadline, rejected the petition, and then
rejected the appeal.
"ASA finally brought its case to federal court, asking it to
substitute for the agency's false statement one that says, 'Adequate and
well-recognized studies show the efficacy of marijuana in the treatment of
nausea, loss of appetite, pain and spasticity.' Will the judge make HHS change,
giving ASA the injunctive relief it seeks? We'll have to wait to see
whether this case turns the tables on DQA, but it's already clear that HHS has
violated its own DQA
guidelines--going, you might say, one toke over the
line."
The DQA lawsuit is currently pending before U.S. District Court
Judge William Alsup. The government's response to ASA's complaint is
due May 25, 2007, and the court is likely to hear oral arguments in July or
August. "We're confident that science will ultimately prevail over
politics," said ASA Chief Counsel Joe Elford. "The DQA is the vehicle
to compel
the federal government to recognize the truth about medical marijuana and
validate the experiences of patients and doctors who have had success using
it to alleviate suffering."
To purchase the entire editorial, entitled "Turning the Tables with Mary
Jane," visit the Science Magazine website at http://www.sciencemag.org.
For materials filed in the case to date, see ASA's DQA page at http://www.safeaccessnow.org/dqa. |
