Medical cannabis community must join together and resist any action taken against us

Medical cannabis community must join together and resist any action taken against us
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Yesterday, I awoke to the news that I have been fearing since Jeff Session was nominated as Attorney General, his Department of Justice is rescinding the non-interference cannabis policies from the Obama Administration, the 2013 Cole Memorandum. As I was trying to respond to the flood of texts and emails, I had to fight off flashbacks from events that plagued the first 13 years of my work at Americans for Safe Access.

Between 1996 and 2014, the Drug Enforcement Administration (DEA) conducted 528 paramilitary-style raids (270 occurring during the Obama administration), filed civil asset forfeiture actions against property owners, and used bullying tactics to dissuade state elected officials from adopting or implementing medical cannabis laws. For each of these actions, dozens of lives were ruined and thousands of patients lost their access to medical cannabis. This was at a time when only twelve states had medical cannabis access programs.

Flash forward to today, all but four states have passed medical cannabis laws and there are millions of patients that rely on these medical cannabis programs. We are also in the midst of an opioid crisis in which over 91 people a day die from opioid-related causes, and research has shown that medical cannabis can reduce these deaths by at least 25 percent.

Although cannabis is still illegal at the federal level, two things have been protecting medical cannabis programs from federal interference: The Cole Memo, which shifted priorities in states with cannabis laws and gave guidance to state policymakers through eight priorities in the federal enforcement of cannabis laws; and the Commerce, Justice, and Science (CJS) Medical Marijuana amendment which passed in the fiscal 2015 appropriations bill.

The CJS Medical Marijuana amendment is set to expire on Jan. 19  with the rest of the federal budget. Since 2014, members of Congress have passed annual spending bills that have included this provision which protects those who engage in state-sanctioned medical cannabis programs from prosecution by the Department of Justice.

The amendment, introduced by Sen. Patrick LeahyPatrick Joseph LeahyOvernight Defense: Defense spending bill amendments target hot-button issues | Space Force already facing hurdles | Senators voice 'deep' concerns at using military lawyers on immigration cases Senators 'deeply troubled' military lawyers being used for immigration cases Overnight Energy: EPA declines to write new rule for toxic spills | Senate blocks move to stop Obama water rule | EPA bought 'tactical' pants and polos MORE (D-Vt.) passed in the Senate, but House Rules Committee leadership did not allow a vote in the House. Therefore, the fate of the amendment will be determined by a conference committee which will likely be made up of Senate Majority Leader Mitch McConnellAddison (Mitch) Mitchell McConnellPolitical figures pay tribute to Charles Krauthammer Charles Krauthammer dies at the age of 68 Overnight Energy: EPA declines to write new rule for toxic spills | Senate blocks move to stop Obama water rule | EPA bought 'tactical' pants and polos MORE (R-Ky.), Senate Minority Leader Chuck SchumerCharles (Chuck) Ellis SchumerDonald Trump Jr. headlines Montana Republican convention Montana's environmental lobby teams with governor to kill 600 jobs Dems allow separation of parents, children to continue, just to score political points MORE (D-N.Y.), Speaker of the House Paul RyanPaul Davis RyanGeorge Will: Vote against GOP in midterms Trump tweet may doom House GOP effort on immigration On The Money — Sponsored by Prudential — Trump floats tariffs on European cars | Nikki Haley slams UN report on US poverty | Will tax law help GOP? It's a mystery MORE (R-Wisc.), House Minority Leader Nancy PelosiNancy Patricia D'Alesandro PelosiMark Penn: Dems could win House, but Pelosi not guaranteed speakership On The Money — Sponsored by Prudential — Trump floats tariffs on European cars | Nikki Haley slams UN report on US poverty | Will tax law help GOP? It's a mystery The American economy is stronger than ever six months after tax cuts MORE (D-Calif.), Sens. Thad CochranWilliam (Thad) Thad CochranTodd Young in talks about chairing Senate GOP campaign arm US farming cannot afford to continue to fall behind Mississippi Democrat drops Senate bid MORE (R-Miss.) and Patrick Leahy (D-VT); Reps. Rodney FrelinghuysenRodney Procter FrelinghuysenOvernight Health Care — Sponsored by PCMA — Dems see midterm advantage in new ObamaCare fight Lawmakers ask for increase in suicide prevention funding Overnight Defense: Trump defends summit results | GOP chairman tries to clarify canceled war games | House panel advances 4.6B defense bill | Saudis begin Yemen offensive MORE (R-N.J.), and Nita LoweyNita Sue LoweyOvernight Health Care — Sponsored by PCMA — Dems see midterm advantage in new ObamaCare fight Members of Congress demand new federal gender pay audit Lawmakers ask for increase in suicide prevention funding MORE (D-N.Y.).

The Cole memo did more than stop raids, it created an incentive for states to increase regulations for medical cannabis programs. Since the issuance of the 2013 Cole Memo over fifteen states created medical cannabis programs or provided significant updates to existing programs, ensuring that their programs comply with federal guidelines through legislative amendments and regulatory actions. These states utilized the Cole memo to create tightly regulated programs that complied with the memo’s eight objectives.

There will be a lot of unknowns following this announcement. But what I have learned over the years is that our medical cannabis community must come together to resist any actions taken against us. We must be talking to our elected officials now more than ever, and responding is everyone's responsibility.

Protecting patients and fighting for safe access has been my life’s work, and ASA will continue to fight until we know every patient who needs safe access to medical cannabis has it and is protected from prosecution. While Session’s actions may feel like a step back, with continued support from the medical cannabis community, I know that we can push forward to where there is safe access for all.


Steph Sherer is founder and Executive Director of Americans for Safe Access (ASA), a national member-based organization of patients, medical professionals, scientists, and concerned citizens promoting safe and legal access to cannabis for therapeutic use and research.