NCI Recognizes the Benefits of Medical Marijuana: DQA Implications

Editors Note: The NCI announcement is of particular interest to CRE because the reviewability of the Data Quality Act was not addressed by the Ninth Circuit in ASA v. HHS;   the court claimed that the thrust of the petition was being addressed in another forum—the rescheduling petition described below which has seen no movement for a nearly a decade. In Prime Time the DC Circuit found the DQA to be binding on agencies. The NCI announcement provides a basis for a reconsideration of the Ninth Circuit decision because it emphasizes that the ASA venue is the only practicable forum for the introduction of the new information.

CRE has a DQA menthol petition  pending at the FDA.  Hopefully  FDA will emulate the actions of the NCI and not await judicial action to address a violation of the DQA.

Los Angeles Times on Americans for Safe  Access/CRE Collaboration on Medical Marijuana


Americans for Safe Access
For Immediate Release:
March 29, 2011
Contact: ASA Media Liaison Kris Hermes 510-681-6361

Federal Agency Recognizes Marijuana’s Medical Benefit for People Living with Cancer
National Cancer Institute updates its website as 9-year old petition to reschedule marijuana gathers dust

Washington, DC — A change to the National Cancer Institute’s (NCI) website earlier this month has caused a stir in medical marijuana and public policy circles, noting that the federal agency has uncharacteristically crossed a line in recognizing the medical efficacy of marijuana. NCI as part of the National Institutes of Health (NIH) has listed for the first time cannabis (medical marijuana) as a Complementary Alternative Medicine (CAM) in apparent contrast to information disseminated by the U.S. Department of Health and Human Services (HHS), which calls marijuana a dangerous drug with no medical value.

The NCI website states that, “The potential benefits of medicinal Cannabis for people living with cancer include antiemetic effects, appetite stimulation, pain relief, and improved sleep. In the practice of integrative oncology, the health care provider may recommend medicinal Cannabis not only for symptom management but also for its possible direct antitumor effect.” The NCI website further states that, “Cannabis has been used for medicinal purposes for thousands of years prior to its current status as an illegal substance.”

NCI’s recognition of marijuana’s medical efficacy comes as a pending federal petition to reschedule cannabis is approaching its 10-year anniversary with no response whatsoever from the federal government. Since the Coalition for Rescheduling Cannabis (CRC) filed its petition in 2002, several additional studies have recognized the therapeutic effects of cannabis, eight more states have passed medical marijuana laws, and the country’s two largest physician groups — American Medical Association and American College of Physicians — have both called for a review of marijuana’s status as a Schedule I substance.

The rescheduling coalition, which includes groups like Americans for Safe Access (ASA), is seeking recognition of marijuana’s medical benefits while underscoring its relatively benign side-effects. However, even previous rescheduling petitions have been rejected despite strong recommendations to the contrary. In 1988, the Drug Enforcement Administration (DEA) ignored its own judicial recommendations from Judge Francis L. Young, denying the pending petition despite his conclusion that, “The evidence in this record clearly shows that marijuana has been accepted as capable of relieving the distress of great numbers of very ill people, and doing so with safety under medical supervision.” Although final rescheduling determinations are made by DEA, the review process relies heavily on recommendations from HHS, the federal department that oversees NIH and NCI.

As the prescription pill Marinol goes off-patent this year, companies are asking the government to allow them to grow marijuana in order to extract the natural form of THC (tetrahydrocannabinol), the primary active chemical in the plant used in the pill. Marinol is made with synthetic THC, but it is cheaper to extract the chemical from the plant. “It is not acceptable to hold millions of sick Americans hostage to a political double standard,” said Steph Sherer, Executive Director of ASA, the country’s leading medical marijuana advocacy group. “It’s time for the Obama Administration to recognize the science, act with integrity, and reschedule marijuana.”

Further information:
NCI web page on Cannabis:
Coalition for Rescheduling Cannabis:
AMA Statement:
ACP Statement:

# # #

With over 50,000 active members in all 50 states, Americans for Safe Access (ASA) is the largest national member-based organization of patients, medical professionals, scientists and concerned citizens promoting safe and legal access to cannabis for therapeutic use and research. ASA works to overcome political and legal barriers by creating policies that improve access to medical cannabis for patients and researchers through legislation, education, litigation, grassroots actions, advocacy and services for patients and the caregivers.

Kris Hermes
Media Specialist
Americans for Safe Access
1322 Webster Street, Suite 402
Oakland, CA 94612
Phone: 510-251-1856

2 comments. Leave a Reply

  1. Anonymous

    It’s so simple if don’t want to smoke it don’t if you do then do it safely WASHINGTON D.C. 4-20-2011 JOIN U.S. IN PUSHING FOR REFORM

  2. Lotthead

    Everyone should vote for this i think it is cruel and hipocritical of the government to allow oxycodone and other dangerous opiates to be perscribed but not a substance that has the same qualities without all the negative side effects and addictive properties.

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