Wednesday, April 15,
2009
Our Federal Government Should Use Sound Science In Putting
Forth Public Policy and Information on Medical Marijuana
But
what happens when they do not? What and where is the accountability when
politics is allowed to extinguish the flame of truth, when propaganda rather
than sound science is allowed to rule the day, dictate policy and shape public
perception? Propaganda is a strong word, and therefore one I wish to
define...from my perspective, for the purpose of this article, Propaganda is
selectively omitting or employing facts to persuade members of the general
public to hold a specific view point. All this may not make sense if you are
unaware of ASA's (Americans for Safe Access) court case in the Ninth Circuit
Court that was heard yesterday. At question...the Federal Government's wrongful
position in public discourse that there are no Medical Benefits to be found in
Cannabis (marijuana).
In the
immediate case, the ASA's challenge of Marijuana being called a Class 1 drug
(which means it has no medical value) is relying upon a little known law (Data
Quality Act (DQA)) that requires governmental agencies to rely upon Sound
Science in effecting/shaping the governments public views/statements on any
given topic. You would think this case is a closed book...we all know (even
those who oppose legalization) that there is Medical Value to Marijuana. Here's
the catch...it is the contention of our government (Eric Holder, Department of
Justice, and most specifically, the DEA) that this law does not give citizens
the right to CHALLENGE GOVERNMENT INFORMATION they believe to be inaccurate,
based on faulty or unreliable data, or simply false as in the case of the DEA
routinely putting out Public Service Announcements wrongfully portraying
Marijuana as a drug with no social medical value to it.
The
ASA's immediate lawsuit does not seek to change law, nor does it challenge the
legal classification of Marijuana. What it seeks, is correction of false or
misleading information that effects their clients who include seriously ill persons
who have been dissuaded and/or discouraged from using Medical Marijuana by the
US Department of Health and Human Services long held position that
Marijuana/Cannabis the drug has no Medical Value. Interestingly, Health and
Human Services declined to respond to the suit under the guise that the Drug
Enforcement Agency (DEA) was/is still considering the advocacy group's (ASA)
2002 request to reconsider the status of Marijuana...if the DEA has not been
capable of making a decision on a simple request in seven years, they (for
political reasons) are not going to make a decision on the request. Further,
there is supposed to be a certain autonomy within the various agencies of the
Federal Government. A request pending with one Agency should not necessarily negate
the duties and responsibilities of another agency to put forth to the public
honest, sound medical information that is based upon sound science. More
importantly, a request seeking to have the status/classification of a drug
changed is UNRELATED to a formal request made to an agency to correct false or
incorrect information.
Further,
does President Obama's Executive Memo on Scientific Integrity now require the
Department of Health and Human Services to correct false material facts about
the Medical uses of Marijuana, and if so should ASA be allowed to move for
Summary Judgement in the immediate case?
THE WHITE HOUSE
Office of
the Press Secretary
_________________________________________
For
Immediate Release March 9, 2009
MEMORANDUM FOR THE HEADS OF EXECUTIVE DEPARTMENTS
AND
AGENCIES
SUBJECT: Scientific Integrity
Science and the scientific process must inform and
guide decisions of my Administration on a wide range of issues, including
improvement of public health, protection of the environment, increased
efficiency in the use of energy and other resources, mitigation of the threat
of climate change (Think Hemp Biofuels and Composite Hemp building materials
such as Hemcrete), and protection of national security.
The public must be able to trust the science and
scientific process informing public policy decisions. Political officials
should not suppress or alter scientific or technological findings and
conclusions. If scientific and technological information is developed
and used by the Federal Government, it should ordinarily be made available to
the public. To the extent permitted by law, there should be
transparency in the preparation, identification, and use of scientific and
technological information in policymaking. The selection of scientists and
technology professionals for positions in the executive branch should be based
on their scientific and technological knowledge, credentials, experience, and
integrity.
A Justice Department
lawyer on Tuesday put forth the position that the law relied upon in the case
does not allow citizens to seek correction of government misinformation through
the judicial process, but instead lays down a perception that administrative
remedies were the intended means of seeking redress and correction of
misleading or fraudulent information put out by an agency of our Federal
Government. It is the position of Alisa Klein, and by PROXY President Barack
Obama that the Information Policy Act passed in 2000 requires only that a
Federal Agency review such requests from the public. That is not exactly
true...if you look at the act, it spells out certain duties and
responsibilities:
(B) establish administrative mechanisms allowing affected
persons to seek and obtain correction of information maintained and
disseminated by the agency that does not comply with the guidelines issued
under subsection (a); and
(C) report periodically to the Director –
(i) the number and nature of complaints received by the agency
regarding the accuracy of information disseminated by the agency; and
(ii) how such complaints were handled by the agency.
(Simply reviewing and dismissing them is inadequate.)
The
language as written shows it was and is the intent of the law/statute to give
citizens a means to have incorrect information CORRECTED...in essence, without
specifically stating so, it envisions citizens being able to SEEK AND OBTAIN
correction of information by whatever steps necessary, and if citizens are
unsuccessful in getting an agency to voluntarily correct misinformation, then
they are or should be free to take whatever steps necessary to obtain
correction, including Legal Action. If you look at the Department of Health and
Human Services actions, their own decision to SIMPLY IGNORE a request to have
information corrected, the affected clients that ASA represents were left with
no recourse but to take further legal action in preserving their rights as
outlined in the words, "allowing affected persons
to seek and obtain correction of information" memorialized above.
If President Barack Obama were an honorable man, he could easily resolve this
issue, make the legal case mute by ordering the Department of Health and Human
Services to correct the information. He so far has not done so, leaving no
choice but to assume he is a dishonorable man.
The
case, from my perspective turns on this...The DOJ wrongfully claims their
client's duties and responsibility under the law in question end with a REVIEW
OF SUCH REQUESTS (emphasis added), while the above passage makes it abundantly
clear that our Congress expected Agencies to take whatever steps were necessary
in correcting incorrect information.
The
attorney, Alan Morrison, for ASA rightfully argued that the governments
contention would defacto make the law meaningless, a red herring with no
teeth...I would argue the teeth are clearly there, would state it is the
intention of Congress and the law to allow citizens LEGAL RECOURSE if necessary
in having false or inaccurate information corrected. It is noted here, that the
Department of Health and Human Services did not conduct a review of the
information in question, nor make any effort to correct any misleading,
inaccurate or untruthful information, thus putting them in violation of the
law/statute.
President
Obama in his memo spells out certain duties and responsibilities for Federal
Agencies, and has gone further in public statements in defining his
expectations as America's Chief Executive Officer.
We expect the National Institutes of Health to keep America at the
forefront of medical research, and work toward a cure for cancer in our time. And for as long as I am
President, these agencies will be led by exceptional individuals who
stand on the side of the American people; who push politics aside in favor of
proven science; who eschew stale ideology for sound ideas and a focus on what
works.
This
and other comments by the President have supposedly changed the playing field,
seem to put a duty and responsibility on Federal Agencies to come clean, to
bring forth and shed light on truth, even when it comes to Medical Marijuana.
In this world, at this important time in history, the lies about Marijuana and
Industrial Hemp cannot stand. We need to pull back the curtain, need to put
Medical Marijuana on the table as we seek to cure cancer, need to look at what
Hemp has to offer in solving Global Warming and in creating a sustainable
world. The President has called his agencies to action, dictated that they
restore public faith by being forthright and honest in their public discourse,
in the information they put out to the masses. The Data Quality Act provides a
valuable took in seeking out truth, for only with truth can we have Justice and
Liberty for all.
Win or
lose in the Ninth Circuit Court, one thing is certain...the law requires, in
fact MANDATES that false information be corrected. Let us hope that the case in
question is reinstated, but if it is not, the Medical Marijuana Community (420)
needs to drown various agencies of the Federal Government in citizen requests
until such time as this wrong is righted. 25-50 million Americans smoke
marijuana at least once a month. If each and every one of us wrote a letter
demanding correction of false statements, we have the power to bring the entire
Federal Government to a grinding halt until they CORRECT THE RECORD. We talk
about a revolution...here is the truth...with our pens, we can START THE
REVOLUTION. Even one million certified letters a month coming into Federal
Agencies WOULD CRIPPLE THEM!
Admin Medical Marijuana Society
Labels: Barack Obama on Medical Marijuana,
Data Quality Act, DEA, DOJ, Eric Holder on Medical Marijuana, Ninth Circuit Court