from the Wide World of Medical Marijuana!
Thanks to Summer Glenney for this
Suit Over Pot's 'Benefit'
July 30, 2007
An Oakland, Calif.-based nonprofit can't put the federal
government on trial
for saying that marijuana has no medical use -- but
it might get to
challenge the government for blowing deadlines, a
federal judge in
California ruled last week.
Americans for Safe
Access sued in February after two federal agencies
refused to alter
government-published statements saying marijuana has "no
accepted medical use in the United States."
In an eight-page
ruling Tuesday, U.S. District Judge William Alsup agreed
Department lawyers that the federal Information Quality Act
for only administrative, not judicial, review for people to
the "quality, objectivity, utility and integrity" of
disseminated by federal agencies.
didn't address the government's claim that ASA lacked
it failed to identify members who suffered harm from the
statements or to show how the issue was germane to ASA's
Though Alsup rejected ASA's bid to revise those
statements, he hinted the
plaintiff might be able to at least force the
government to address its
assertion within a 60-day period provided by
"Conceivably," Alsup wrote, "a district court may order an
agency to act on
the merits of an information-correction petition
within a specific time
The Northern District judge
dismissed the complaint in ASA v. Department of
Health and Human
Services, 07-01049, with leave to amend.
1:03 PM - 0 Comments -
0 Kudos - Add