Denver Daily News
10/26/05

Pot proponents to protest today
by Peter Marcus

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DENVER- Patients and advocates of medical marijuana will protest in Denver today to demand the U.S. Department of Health and Human Services (HHS) recognize the medical value of marijuana and will announce its intent to sue HHS for delays associated with formal petitions.

The rally is being held simultaneously with six other cities including one in Washington, D.C.. where Michael Leavitt, secretary of HHS will be served with official notice of intent to sue for delaying reply to a Data Quality Act (DQA) petition. The petition requests that HHS change its classification of marijuana and reschedule it for medical use.

Americans for Safe Access (ASA), the national medical marijuana advocacy group responsible for the protests, began its petition to HHS in 2002. The group launched a legal challenge in 2004 to correct published medical marijuana information under the DQA, a law which requires federal agencies to rely on sound science.

ASA recently won a court battle in California that forced California Highway Patrol to allow state approved medical marijuana patients to travel California highways with licensed marijuana.

A spokeswoman for ASA said, "If the patient advocacy group prevails in its DQA petition, the Department of Health and Human Services will have to change its tune on medical marijuana and publicly admit that marijuana is now routinely used for medical treatment."

This would allow doctors to prescribe marijuana to their patients, she added. Marijuana is currently used to treat pain, nausea, loss of appetite, anxiety, and conditions associated with multiple sclerosis to name a few. Currently, 10 states have laws permitting patients to legally use marijuana with a doctor's recommendation-- Colorado being one of them. These laws are at odds with federal law which prohibits marijuana for all purposes.

In other marijuana news, members of the local I-100 campaign to legalize marijuana in Denver will hold a press conference today in front of Mayor John Hickenlooper's office to demand that he explain his opposition for the measure.

A ballot question known as I-100 will face voters next month which, if passed, will make marijuana legal in Denver. The initiative essentially acts as a symbolic gesture indicating that marijuana should be considered a legal alternative to alcohol.

If passed, I-100 would make marijuana a legal alternative to alcohol for those 21 and older in Denver, but state and federal law would still hold precedence.

"The mayor of Denver deals a drug that is infinitely more deadly than marijuana and undoubtedly more problematic for his constituents to use," said I-100 spokesman Mason Tvert in reference to Hickenlooper's ownership of Wynkoop Brewing Company. "It strikes me as odd that he opposes an initiative that would simply protect the right of adults to make the rational, safer choice to use marijuana instead of alcohol in their own homes."
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