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Federal Court F R E E w w w.OaksterdamNews.com Vol. 2 # 3 Summer 2006 510-836-NEWS (6397) C o n g re s s m e m b e r s , Federal Court: Juries free to acquit media ridicule FDA Appellate ruling affirms Feds can disregard medical rights, juries cannot be punished for their verdicts cannabis statement By Martin Williams By Chris Conrad When cannabis activist and “guru of g a n j a ” Ed Rosenthal was convicted on In a blatent political maneuver, the US cannabis cultivation charges in 2003, fed- Food and Drug Administration made an eral judge Charles Breyer gave him only a OPEN FOR BUSINESS out-of-thin-air announcement on April 20 day behind bars — time served — due to (4/20) that no studies support medical mar- Latest dispensary extenuating circumstances. ijuana. The release was timed to coincide reviews begin on page 12 with the national NORML conference Many considered it a victory; but not Rosenthal. He appealed his conviction, and Three weeks later, on May 15 the in an extraordinary turn of events, mem- agency announced that it has approved bers of his jury came forth to disavow their Cesamet, a second drug containing syn- own verdict after they learned that the thetic THC, the primary active compound cannabis was medicine and the grow-book in cannabis. Marinol is the other. It seems author was working as an appointed it is not the THC but the presence of nature deputy of the Oakland city government. itself that the FDA finds offensive. All medical evidence and discussion This raised obvious questions: Why is had been suppressed during the trial held THC medicine but not cannabis, and what in California, where state voters have happened to all the studies done over the legalized medical marijuana. However, past century? The answer, apparently, is that omission was not the reason the Ninth that the US government doesn’t like to Circuit federal appeals court overturned deal with logic or peer-reviewed studies. the conviction April 26. Instead, the court The 4/20 Interagency Advisory notice held that “Juror A” had improperly sought was intended to trump the 1999 National out a legal opinion from an attorney, who Academy of Science / Institute of told her she would be “in trouble” if she Medicine federal report that outlined and voted her conscience when she figured out analyzed scores of scientific studies and the medical nature of the case. identified specific compounds and bene- fits. The National Institute on Drug A b u s e “Jurors cannot fairly determine the out- Oaksterdam News photo come of a case if they believe they will by Jaime Galindo has catalogued many more, and new stud- face ‘trouble’ for a conclusion they reach ies are being reported in the international as jurors,” said the majority opinion. “The press on a regular basis. The New Yo r k threat of punishment works a coercive Ti m e s decried the FDA as “disingenuous. influence on the jury’s independence, and a The government is actively discouraging juror who genuinely fears retribution relevant research, according to scientists.” might change his or her determination of The FDA press release had a threaten- the issue for fear of being punished.” ing political tone. “[The] FDA, as the fed- U n f o r t u n a t e l y, while the three-judge eral agency responsible for reviewing the panel reversed his conviction because of safety and efficacy of drugs, DEA as the juror misconduct, it concurred with the federal agency charged with enforcing the CSA, and the ONDCP [drug czar’s off i c e ] , lower court on all other matters, including Hash Selection its not allowing “a ‘medical marijuana’ as the federal coordinator of drug control defense, introducing evidence or arg u m e n t p o l i c y, do not support the use of smoked aimed at jury nullification,” and that his marijuana for medical purposes.” being appointed a deputy did not shield “Despite the fact that you are respond- Rosenthal from prosecution. ing to a scientific question, your press Last summer, the US Supreme Court, release failed to provide any scientific in its Gonzalez v. Raich decision, again expertise. We call on you to show us the rejected allowing defendants to raise med- purported scientific evidence for the basis ical marijuana or state law as a defense of this response. There is no evidence that against federal drug charges. you have new scientific proof or that you oversaw clinical trials,” Congressman Legal activists argue that, by denying New police chief supports Measure Z Continued on page 2 jurors access to “the whole truth” about By Richard Lee tivation and use the city law enforcement’s cannabis offenses, federal courts give lowest priority and put the city on record in every juror the “reasonable doubt” needed The Oakland Cannabis Regulation and favor of taxing and regulating cannabis as D e l l u m s ’ v i c t o ry in to acquit cannabis defendants. They point Revenue Ordinance Oversight Committee soon as possible under state law. out that alcohol Prohibition also led to a heard from police Chief Wayne Tucker at mayoral race looks refusal of jurors to convict. their April 20 meeting. The Chief answer- Data show, however, that the Oakland ed questions about cannabis arrest statis- Coliseum is not a friendly place for Federal prosecutors have several good for Oaksterdam tics and Measure Z implementation issues. cannabis consumers while alcohol, a more options, such as asking the court to recon- dangerous recreational drug, is sold and By Justin Baker s i d e r, appealing to the Supreme Court or Measure Z was the 2004 voter mandate Continued on page 3 going ahead with a new trial. that made private adult cannabis sales, cul- Oakland political icon and former N O R M L boardmenber Ron Dellums took a commanding lead in the city mayoral race that may power him into office with- Mirkarimi receives award at NORML out needing a runoff vote. Dellums rode popular disaffection with conference for the SF dispensary plan the status quo of the entrenched political By Tristin Coffman director Allen St.Pierre in welcoming the machine represented by his main oppo- Comic Tommy Chong made a special crowd. “We have the best name recogni- nent, Ignacio De la Fuente. Council mem- guest appearance when the grassroots of tion of any drug policy reform group in the ber Nancy Nadel made a respectable third cannabis reform met in San Francisco c o u n t r y.” He said that NORML, norml.org , place showing in the race. April 20-22. The National Organization for relies upon its chapters to do local work When asked about Measure Z and the Reform of Marijuana Laws, NORML, and upon activists to pay membership dues whether his past cannabis advocacy would held its well-attended annual conference in that fund the Washington DC-based group continue, Dellums said “I’m here to sup- the Bay city to educate, network and strate- and its efforts. Despite government claims port you.” A January poll by O a k s t e rd a m gize with US activists. Supervisor Ross that cannabis reformers are well-funded, N e w s showed candidates who support Mirkarimi welcomed the attendees and St. Pierre said NORML is struggling and cannabis regulation gain votes when the needs donations. H O N O R E D — SF Supervisor Ross received an award for spearheading the public becomes aware of their position. De Mirkarimi received an award April 20. c i t y ’s dispensary ordinance. Panels included presentations on how la Fuente’s negative bias against cannabis Oaksterdam News photo by Rob Ryan “ N O R M L is the toker’s lobby,” said Continued on page 15 Continued on page 13 Page 2. Oaksterdam News Summer 2006 F D A hits patients, Colorado A S A e ffort, Emeryville pays e r t y. Blair learned that due to a burglary at an off - s i t e , secured police evidence Americans for Safe Access Highlights l o c k e r, many of his posses- sions, including cultivation By Rebecca Salzman value to permit FDA to release an inter- equipment and much of his Americans for Safe Access is a patient advoca - agency advisory, then they should be com- cannabis plants, were stolen. cy group on the fore f ront of the defense of pelled to answer our appeal without further p a t i e n t s ’ medical marijuana rights. A S A o rg a n - d e l a y. izes rapid response actions, as needed, and In response to the FDA press release, A S A hopes that cases maintains legal and political arms. Here are 24 Members of Congress have drafted a some recent highlights of its activities. such as the Emery v i l l e strongly worded letter to FDA asking the settlement will bring Questioning FDA s t a t e m e n t agency to either produce evidence of new research or explain the motivation behind about change. on medical cannabis its statement. This effort was led by The April 21 New York Ti m e s ran a front Representatives Hinchey (D-NY), Paul (R- It is A S A’s hope that page story headlined, “FDA d i s m i s s e s TX), Frank (D-MA) and Farr (D-CA) in financial pressures such as medical benefit from marijuana.” collaboration with ASA.
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