BEFORE THE UNITED STATES DEPARTMENT OF JUSTICE

INFORMATION QUALITY GUIDELINES STAFF

_____________________________________________

)
Re: DEAs The Dangers and Consequences )
of Marijuana Abuse and Drugs of Abuse
)
)
______________________________________ )

REQUEST FOR CORRECTION OF INFORMATION DISSEMINATED

BY DEA REGARDING MARIJUANA (CANNABIS)

INFORMATION QUALITY ACT REQUEST FOR CORRECTION

DATE: DECEMBER 5, 2016
SUBMITTED BY: AMERICANS FOR SAFE ACCESS FOUNDATION
Attorneys for Petitioner

Executive Director for Petitioner

Vickie L. Feeman
[email protected]
Rick Fukushima
[email protected]
Alex Fields
[email protected]
Orrick, Herrington & Sutcliffe LLP
1000 Marsh Road
Menlo Park, CA 94025
Phone: (650) 614-7400

Steph Sherer
1624 U Street, NW
Suite 200
Washington, D.C. 20009
Phone: (202) 857-4272
Fax: (202) 618-6977
[email protected]
Americans for Safe Access

Request for Correction Pursuant to the DOJs Information Quality Guidelines

ISSUE
The Drug Enforcement Agencys (DEA) website (dea.gov) contains inaccurate statements that
do not meet the standards of quality required by the Department of Justice (DOJ) and Office of
Management and Budget (OMB) under the Information Quality Act (IQA). In particular,
the DEA continues to disseminate certain statements about the health risks of medical cannabis
use that have been incontrovertibly refuted by the DEA itself in its recent Denial of Petition to
Initiate Proceedings to Reschedule Marijuana (the DPR), issued August 12, 2016. In fact, the
DEAs recent statements confirm scientific facts about medical cannabis that have long been
accepted by a majority of the scientific community. Accordingly, Americans for Safe Access
(ASA) requests that the DEA correct or remove from the dea.gov website the inaccurate
statements described below in Section II (a)-(d). At minimum, the corrections should comport
with the DEAs statements in the DPR.
PETITIONER
Americans for Safe Access Foundation (ASA), a non-profit advocacy group that represents the
interests of medical cannabis patients and caregivers, files this Request for Correction of
inaccurate information, disseminated by the DEA, relating to certain purported health effects of
cannabis use. ASA brings this action on behalf of patients, their families, medical providers,
scientists, and veterans across the United States who are deeply and immediately affected by the
DEAs controverted statements. The seriously ill patients that ASA represents suffer variously
from cancer and the side-effects of its treatments, multiple sclerosis, HIV/AIDS, spinal injury,
chronic seizures, and other medical conditions that produce chronic pain, nausea, loss of appetite
and spasticity. Many of these persons who use medical cannabis to treat these symptoms do not
respond to conventional treatment options, cannot tolerate certain medications, or have serious
health needs not treatable by pharmaceutical medicine. If patients, who currently have access to
medical cannabis under state programs, were to lose access, they would be irreparably harmed.
And, patients in need of medical cannabis, but without access, are already being seriously
harmed.
The DEAs misinformation informs the opinions and actions of Congress. As a result of this
misinformation, there is a substantial risk that Congress will fail to reauthorize the RohrabacherFarr Medical Cannabis Amendment (the Amendment) (discussed below)failure to
reauthorize would encourage the DOJ to dismantle state medical cannabis systems and prosecute
medical cannabis users and providers throughout the nation. Furthermore, the CARERS Act
(discussed below) has yet to receive a vote, due in part to the dissemination of DEA
misinformation. ASAs members reside in every United States Congressional Districtthey
have been negatively affected by Congress continuing refusal to hold a vote on the CARERS
Act, and they will be negatively affected by Congress failure to reauthorize the Amendment.

RELIEF REQUESTED
ASA requests corrections to DEA disseminated information as described in Section II (a)-(d).
ASA files this Request for Correction pursuant to the Information Quality Act amendments to
the Paperwork Reduction Act, 44 U.S.C. 3516 Statutory and Historical Notes, P.L. 106-554
(Information Quality Act), as implemented through the Office of Management and Budgets
Guidelines for Ensuring and Maximizing the Quality, Objectivity, Utility, and Integrity of
Information Disseminated by Federal Agencies, 67 Fed. Reg. 8452 (Feb. 22, 2002) (OMB
Guidelines), and the DOJ Information Quality Guidelines,
https://www.justice.gov/iqpr/information-quality (DOJ Guidelines).
FACTUAL BACKGROUND
For years, the DEA has published scientifically inaccurate information about the health effects of
medical cannabis, directly influencing the action and inaction of Congress. The
Compassionate Access, Research Expansion, and Respect States Act (CARERS) is a prime
example. Three senators introduced CARERS in March 2015 and an identical bill was
introduced in the House later that month. The legislation seeks to protect patient access to
medical cannabis in states with existing medical cannabis programs from federal intervention,
thereby codifying the collection of DOJ memoranda that currently govern federal policy of
medical cannabis enforcement against the states.1 Notably, CARERS would also reschedule
cannabis from Schedule I to Schedule II status, thus easing current restrictions on medical and
scientific research of the substance.2 Furthermore, the Act would exclude cannabidiols (cannabis
derivatives with less than 0.3% THC content) from the definition of cannabis entirely,3 permit
businesses acting in conformity with state cannabis laws to access banking services,4 mandate
the issuance of additional licenses to cultivate cannabis for FDA approved research,5 and grant
VA dependent veterans access to state medical cannabis programs.6
Since the CARERS Act was introduced in March of 2015, it has received additional support in
the Senate and House, but it seems unlikely that there will be a formal vote on the bill before the
new administration commences in January 2017. Proponents of the Act believe that it is less
likely to pass once the new Congress is sworn in and the new administration takes control. The
House bill is sitting in four committees and subcommittees; the Senate analog sits in the Senate
Judiciary Committee.7 Committee leadership in both chambers have denied the respective bills a
1

https://www.congress.gov/bill/114th-congress/senate-bill/683/text, at Section 2 (The Controlled Substances Act,

shall not apply to any person acting in compliance with State law relating to the production, possession,
distribution, dispensation, administration, laboratory testing, or delivery of medical marihuana.).
2

Id. at Section 3.

Id. at Section 4.

Id. at Section 6.

Id. at Section 7.

Id. at Section 8.

H.R. 1538 has been assigned to the (1) House Energy and Commerce Subcommittee on Health; (2) House
Judiciary Subcommittee on Crime, Terrorism, Homeland Security, and Investigations; (3) House Financial Services

hearing. House leadership has been hostile to medical cannabis legislation with the surreptitious
removal of a medical cannabis amendment to the Military Construction and Veterans Affairs
Appropriations Act in June 2016, after being approved by votes from the Senate Appropriations
Committee and House Floor.8 Changes in the Senate Judiciary Committee for the 115th
Congress include the ascension of CARERS opponent Dianne Feinstein to Ranking Member of
the Senate Judiciary Committee, while fellow CARERS opponent Chuck Grassley remains
committee chair. Representatives and senators that have commented unfavorably on the bills
have cited, implicitly and explicitly, the inaccurate DEA information on the supposed dangers of
medical cannabis.
The CARERS Act is not the only attempt to protect medical cannabis patients. In 2014,
Congress included the Amendment in the Commerce, Justice, and Science Appropriations Bill.9
The Amendment prevents the DOJ from spending federal funds to inhibit the implementation of
state medical cannabis laws. Without the Amendment, the DOJ could restrict or eliminate
patients access to medicine legally available to them under their states laws. The Amendment
was reauthorized in 2015, and a functionally identical amendment was introduced in April 2016
as part of the 2017 Commerce, Justice, Science, and Related Appropriations Act.10 While the
Amendment was approved by the Senate Appropriations Committee in May 2016 by a vote of
21-8, it has yet to receive a vote in the House for Fiscal Year 2017. Congress failure to pass the
CARERS Act or to reauthorize the Amendment, could destroy patients access to vital medicine
in states where medical cannabis is currently legal and available. Also, even if patients are not
the direct target of federal enforcement actions, they can be caught in harms way during a raid.
And, even if they are not present at the raid, losing access to their dispensary means a disruption
in their supply of medicine that may not be restored through access to another dispensing facility.
As a result, patients are terrified of losing access to essential medicine and providers live in
constant fear of federal criminal prosecution.
Elected representatives in Congress are using inaccurate DEA published information to inform
their votes on the CARERS Act and the Amendment. In the Denial of Petition to Initiate
Proceedings to Reschedule Marijuana11 (DPR), the DEA directly contradicted a multitude of
previously disseminated statements, which are currently available on the dea.gov website. The
following sections detail (1) the inaccurate information and requested changes, (2) how the
inaccurate information adversely impacts affected persons (i.e. ASAs members), and (3) how
the requested changes will benefit affected persons.

Committee; and (4) House Veterans' Affairs Subcommittee on Health; available at

https://www.congress.gov/bill/114th-congress/house-bill/1538/all-actions.
8

See http://www.militarytimes.com/story/veterans/2016/06/28/marijuana-provision-stripped-veterans-affairsfunding-bill/86471448/.
9
10

https://www.congress.gov/bill/113th-congress/house-bill/4660/text, at Section 558.

https://www.congress.gov/bill/114th-congress/senate-bill/2837/text, at Section 537.

11

See https://www.federalregister.gov/documents/2016/08/12/2016-17954/denial-of-petition-to-initiateproceedings-to-reschedule-marijuana#p-81.

ARGUMENT
I.!

LEGAL STANDARDS

Passed as an amendment to the Paperwork Reduction Act, 44 U.S.C. 3501, the Information
Quality Act requires administrative agencies to devise guidelines to ensure the quality,
objectivity, utility, and integrity of information they disseminate and to [e]stablish
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.12
The DOJ Guidelines quote the OMB Guidelines, which define quality as an
encompassing term comprising utility, objectivity, and integrity.13 The term utility refers to
the usefulness of the information to be disseminated to the public, achieved by continuously
monitoring information needs and developing new information sources or by revising existing
methods, models, and information products where appropriate.14 Objectivity assures that, as
a matter of substance and presentation, disseminated information is accurate, reliable, and
unbiased.15 In short, the agency is required, prior to dissemination of information, to ensure
compliance with the OMB and DOJ Guidelines and that the information fulfills the intentions
stated and that the conclusions are consistent with the evidence.16
Additionally, where the agency is responsible for disseminating influential scientific or
statistical information, the DEA has heightened responsibilities under the Act to ensure that such
disseminated information is reproducible and accurate. Indeed, the accuracy of this information
is significant due to the critical nature of these decisions.17 Influential information is that
which is expected to have a genuinely clear and substantial impact at the national level, or on
major public and private policy decisions as they relate to federal justice issues.18 To determine
that there is a clear and substantial impact, the agency must have greater certainty than would
be the case for many ordinary factual determinations that the impact is occurring or will occur.19
Furthermore, the DOJ Guidelines require that statistical information disseminated by the
agency be based on the promotion of sound statistical methods. Sound scientific methods
produce information (data and analysis results) that is accurate, reliable, and unbiased.
Guidelines to promote sound statistical methods would cover the planning of statistical data

12

44 U .S.C. 3516, Statutory and Historical Notes.

13

https://www.justice.gov/iqpr/information-quality, at Standards for Disseminated Information.

14

Id. at Utility.

15

Id. at Objectivity.

16

Supra Note 11.

17

Id. at For Influential Information.

18

Id.

19

Id.

systems, the collection of statistical data, and the processing of statistical data (including
analysis).20
II.!

THE DEAS STATEMENTS ABOUT MEDICAL CANNABIS IN THE DPR

DIRECTLY CONTRADICT STATEMENTS CURRENTLY BEING MADE BY
THE DEA ELSEWHERE

Each of the DEAs statements about medical cannabis set forth below have been directly
refuted by the DEAs own statements in the DPR. Given its own recent contradiction of these
statements, the DEA cannot credibly maintain that they are accurate, reliable, unbiased, or
reproducible. Moreover, the statements are based on scientifically inaccurate data and result in
denying patients access to vital medicine. Accordingly, each of these statements violate the
IQAs utility and objectivity standards and should be corrected.
ASA requests that the DEA replace the following scientifically inaccurate statements
currently disseminated by the DEA on its website in publications entitled The Dangers and
Consequences of Marijuana Abuse21 and Drugs of Abuse22 with the DEAs own
scientifically accurate statements made in the DPR.
a.! The DEAs statements in the DPR directly contradict its scientifically
inaccurate statements about cannabis alleged capacity to induce psychosis
The DEA is disseminating information about cannabis use and psychosis that lacks both
objectivity and utility. At the time the inaccurate statements were originally made, they may
have been supported by some evidence. But, the DEA recently admitted that the only association
between cannabis use and psychotic illness is in cannabis potential to increase the risk for
psychosis among individuals already predisposed to develop a psychotic disorder.23 Thus, in
light of numerous statements made by the DEA in the DPR, information suggesting that cannabis
use causes psychosis no longer satisfies the objectivity and utility standards required by the DOJ
and OMB Guidelines.
The DEA is making the following inaccurate statements regarding cannabis alleged capacity
to induce psychosis and psychotic illness:

20

Id. at Sound Statistical Methods.

21

https://www.dea.gov/docs/dangers-consequences-marijuana-abuse.pdf.

22

https://www.dea.gov/pr/multimedia-library/publications/drug_of_abuse.pdf#page=73.

23

Supra Note 9, at 53696-97 (citing Andreasson et al., Curr Med Chem. 18(7): 1085-99 (2011); Schimmelmann
et al., Schizophr Res 129(1): 52-56 (2011); Schiffman et al., Psychiatry Res.134(1): 37-42 (2005); Pelayo et al.,
Curr Pharm Des 18(32): 5024-35 (2012); Degenhardt et al., Drug and Alcohol Depend 71(1): 37-48 (2003)) (The
authors concluded that marijuana use increased the risk for psychosis only among individuals predisposed to
develop the disorder [] Additionally, the conclusion that the impact of marijuana may manifest only in individuals
likely to develop psychotic disorders has been shown in many other studies.) (emphasis added).

1.! According to an Australian study, there is now conclusive evidence that smoking
cannabis hastens the appearance of psychotic illnesses by up to three years [] it
makes it very clear that cannabis is playing a significant role in psychosis.24
2.! Evidence of the damage to mental health caused by cannabis usefrom loss of
concentration to paranoia, aggressiveness and outright psychosisis mounting and
cannot be ignored.25
3.! Marijuana use can worsen depression and lead to more serious mental illness such as
schizophrenia, anxiety, and even suicide.26
4.! [T]eenage cannabis users are more likely to suffer psychotic symptoms and have a
greater risk of developing schizophrenia in later life.27
5.! Dr. John MacLeod, a prominent British psychiatrist states: If you assume such a
link (to schizophrenia with cannabis) then the number of cases of schizophrenia will
increase significantly in line with increased use of the drug. He predicts that cannabis
use may account for a quarter of all new cases of schizophrenia in three years
time.28
6.! Compared with those who had never used cannabis, young adults who had six or
more years since first use of cannabis were twice as likely to develop a non-affective
psychosis (such as schizophrenia) [] They were also four times as likely to have
high scores in clinical tests of delusion.29
7.! Researchers have also found an association between marijuana use and increased
risk of depression, an increased risk and earlier onset of schizophrenia, and other
psychotic disorders, especially for teens that have a genetic predisposition.30
The following statements, taken directly from the DPR, contradict the aforementioned
statements. Thus, in order to maintain the objectivity and utility standards, ASA requests that the
DEA replace the aforementioned inaccurate statements with the following accurate statements,
or in the alternative, delete the inaccurate statements in their entirety:

24

Supra Note 21, at 12 (quotations omitted).

25

Id. at 8.

26

Id. at 10.

27

Id.

28

Id. at 12.

29

Id.

30

Supra Note 22, at 73.

1.! At present, the available data do not suggest a causative link between marijuana use
and the development of psychosis.31
2.! Numerous large, longitudinal studies show that subjects who used marijuana do not
have a greater incidence of psychotic diagnoses compared to those who do not use
marijuana.32
3.! [M]arijuana per se does not appear to induce schizophrenia in the majority of
individuals who have tried or continue to use marijuana. However, in individuals with
a genetic vulnerability for psychosis, marijuana use may influence the development of
psychosis.33
b.! The DEAs statements in the DPR directly contradict its scientifically
inaccurate statements about cannabis alleged capacity to induce lung cancer
and cause damage comparable to that caused by tobacco use
The DEA is disseminating information about cannabis use and lung cancer that lacks both
objectivity and utility. At the time the inaccurate statements were originally made, they may
have been supported by some evidence. But, the DEA recently admitted that the worst possible
respiratory effects associated with long-term cannabis use are chronic cough, increased sputum,
as well as increased frequency of chronic bronchitis and pharyngitis.34 Thus, in light of
numerous statements made by the DEA in the DPR, information suggesting that cannabis use
causes lung cancer and tobacco-like respiratory damage no longer satisfies the objectivity and
utility standards required by the DOJ and OMB Guidelines.
The DEA is making the following inaccurate statements regarding cannabiss alleged
capacity to induce lung cancer and cause damage comparable to that caused by tobacco use:
1.! Marijuana smoking has been implicated as a causative factor in tumors of the head
and neck and of the lung.35
2.! Marijuana takes the risks of tobacco and raises them. Marijuana smoke contains
more than 400 chemicals and increases the risk of serious health consequences,
including lung damage.36

31

Supra Note 11, at 53696.

32

Id.

33

Id. at 53696-97.

34

Id. at 53751 (citing HHS 2015; Adams and Martin, Addiction 91(11): 1585-1614 (1996); Hollister,
Pharmacological Rev 38, 1-20 (1986)).
35

Supra Note 21, at 16.

36

Id.

3.! A study from New Zealand reports that cannabis smoking may cause five percent of
lung cancer cases in that country.37
4.! According to researchers at the Tale School of Medicine, long-term exposure to
marijuana smoke is linked to many of the same kinds of health problems as those
experienced by long-term cigarette smokers.38
5.! Smoking marijuana can cause changes in lung tissue that may promote cancer
growth, according to a review of decades of research on marijuana smoking and lung
cancer.39
6.! Nevertheless, researchers indicate [] that smoking pot could indeed boost lung
cancer risk.40
7.! The Foundation warned that smoking one cannabis cigarette increase the chances of
developing lung cancer by as much as an entire packet of 20 cigarettes.41
8.! Like tobacco smokers, marijuana smokers experience serious health problems such
as bronchitis, emphysema, and bronchial asthma. Extended use may cause
suppression of the immune system. Because marijuana contains toxins and
carcinogens, marijuana smokers increase their risk of cancer of the head, neck, lungs,
and respiratory tract.42
The following statements, taken directly from the DPR, contradict the aforementioned
statements. Thus, in order to maintain the objectivity and utility standards, ASA requests that the
DEA replace the aforementioned inaccurate statements with the following accurate statements,
or in the alternative, delete the inaccurate statements in their entirety:
1.! The DEA further notes the publication of recent review articles critically evaluating
the association between marijuana and lung cancer. Most of the reviews agree that the
association is weak or inconsistent. 43
2.! The HHS concluded that new evidence suggests that the effects of smoking
marijuana on respiratory function and cancer are different from the effects of smoking
tobacco. 44

37

Id. at 14.

38

Id. at 15.

39

Id.

40

Id.

41

Id. at 18.

42

Supra Note 22, at 73.

43

Supra Note 11, at 53751 (internal citation omitted).

44

Id. (internal citation omitted).

3.! [O]verall association is weak between marijuana use and lung cancer especially
when controlling for tobacco use. 45
4.! [I]n a large clinical study with 1,650 subjects, no positive correlation was found
between marijuana use and lung cancer. This finding held true regardless of the extent
of marijuana use when both tobacco use and other potential confounding factors were
controlled.46
5.! The authors reported that occasional use of marijuana (7 joint-years for lifetime or
1 joint/day for 7 years or 1 joint/week for 49 years) does not adversely affect
pulmonary function.47
c.! The DEAs statements in the DPR directly contradict its scientifically
inaccurate statements regarding the gateway theory and cannabis
The DEA is disseminating information about cannabis use and the gateway theory that lacks
both objectivity and utility. The gateway theory that cannabis use causes users to abuse
more serious drugs in the future was never supported by epidemiological scientific evidence.48
And, in light of numerous statements made by the DEA in the DPR, information suggesting that
cannabis is a gateway drug, no longer satisfies the objectivity and utility standards required by
the DOJ and OMB Guidelines.
The DEA is making the following inaccurate statements regarding cannabis and the gateway
theory:
1.! Legalization of marijuana, no matter how it begins, will come at the expense of our
children and public safety. It will create dependency and treatment issues, and open
the door to use of other drugs, impaired health, delinquent behavior, and drugged
drivers.49
2.! Teens who experiment with marijuana may be making themselves more vulnerable
to heroin addiction later in life, if the findings from experiments with rats are any
indication.50
3.! Marijuana is a frequent precursor to the use of more dangerous drugs and signals a
significantly enhanced likelihood of drug problems in adult life.51

45

Id. (internal citation omitted).

46

Id. (internal citation omitted).

47

Id.

48

Id. at 53705.

49

Supra Note 21, at 6.

50

Id. at 22.

51

Id.

4.! [T]eens who used marijuana at least once in the last month are 13 times likelier than
other teens to use another drug like cocaine, heroin, or methamphetamine and almost
26 times likelier than those teens who have never used marijuana to use another
drug.52
5.! Marijuana use in early adolescence is particularly ominous. Adults who were early
marijuana users were found to be five times more likely to become dependent on any
drug, eight times more likely to use cocaine in the future, and fifteen times more
likely to use heroin later in life.53
6.! Healthcare workers, legal counsel, police and judges indicate that marijuana is a
typical precursor to methamphetamine.54
7.! Teens past month heavy marijuana users [sic] are significantly more likely than
teens that have not used marijuana in the past to: use cocaine/crack (30 times more
likely); use Ecstasy (20 times more likely); abuse prescription pain relievers (15 times
more likely); and abuse over the counter medications (14 times more likely).55
The following statements, taken directly from the DPR, contradict the aforementioned
statements. Thus, in order to maintain the objectivity and utility standards, ASA requests that the
DEA replace the aforementioned inaccurate statements with the following accurate statements,
or in the alternative, delete the inaccurate statements in their entirety:
1.! Overall, research does not support a direct causal relationship between regular
marijuana use and other illicit drug use.56
2.! The HHS cited several studies where marijuana use did not lead to other illicit drug
use. Two separate longitudinal studies with adolescents using marijuana did not
demonstrate an association with use of other illicit drugs.57
3.! Little evidence supports the hypothesis that initiation of marijuana use leads to an
abuse disorder with other illicit substances. For example, one longitudinal study of
708 adolescents demonstrated that early onset marijuana use did not lead to
problematic drug use. 58
4.! Although many individuals with a drug abuse disorder may have used marijuana as
one of their first illicit drugs, this fact does not correctly lead to the reverse inference
52

Id.

53

Id. at 22-23.

54

Id. at 23.

55

Id.

56

Supra Note 11, at 53705.

57

Id. (internal citations omitted).

58

Id.

10

that most individuals who used marijuana will inherently go on to try or become
regular users of other illicit drugs.59
5.! [B]ecause the gateway hypothesis only addresses the order of drug use initiation, the
gateway hypothesis does not specify any mechanistic connection between drug
stages following exposure to marijuana and does not extend to the risks for
addiction.60
6.! Degenhardt et al. (2009) examined the development of drug dependence and found
an association that did not support the gateway hypothesis. Specifically, drug
dependence was significantly associated with the use of other illicit drugs prior to
marijuana use. 61
d.! The DEAs statements in the DPR directly contradict its scientifically
inaccurate statements regarding the alleged permanency of
cannabis-associated cognitive deficits
The DEA is disseminating information about the alleged permanency of cannabis-associated
cognitive deficits that lacks both objectivity and utility. At the time the inaccurate statements
were originally made, they may have been supported by some evidence. But, the DEA recently
noted that cannabis associated cognitive deficits are not apparent in those who initiate use after
the age of 15 years.62 Thus, in light of numerous statements made by the DEA in the DPR,
information suggesting that cannabis use causes permanent cognitive deficits no longer satisfies
the objectivity and utility standards required by the DOJ and OMB Guidelines.
The DEA is making the following inaccurate statements regarding the alleged permanency of
cannabis-associated cognitive deficits:
1.! Those who started using marijuana regularly after age 18 showed minor [cognitive]
declines.63
2.! Memory, speed of thinking, and other cognitive abilities get worse over time with
marijuana use.64

59

Id.

60

Id.

61

Id.

62

Id. at 53695 (citing Fontes, et al., Br. J Psychiatry 198(6): 442-7 (2011)) (Individuals with a diagnosis of
marijuana misuse or dependence who were seeking treatment for substance use, who initiated marijuana use before
the age of 15 years, showed deficits in performance on tasks assessing sustained attention, impulse control, and
general executive functioning compared to non-using controls. These deficits were not seen in individuals who
initiated marijuana use after the age of 15 years.) (emphasis added).
63

Supra Note 21, at 8.

64

Id. at 11.

11

3.! This study is the first to show that long-term cannabis use can adversely affect all
users, not just those in the high-risk categories such as the young, or those susceptible
to mental illness, as previously thought.65
The following statements, taken directly from the DPR, contradict the aforementioned
statements. Thus, in order to maintain the objectivity and utility standards, ASA requests that the
DEA replace the aforementioned inaccurate statements with the following accurate statements,
or in the alternative, delete the inaccurate statements in their entirety:
1.! [T]he adult-onset chronic marijuana users showed no significant changes in IQ
compared to pre-exposure levels whether they were current users or abstinent for at
least 1 year. 66
2.! [C]annabis-associated cognitive deficits are reversible and related to recent cannabis
exposure, rather than irreversible and related to cumulative lifetime use. 67
3.! The effects of chronic marijuana use do not seem to persist after more than 1 to 3
months of abstinence. After 3 months of abstinence, any deficits observed in IQ,
immediate memory, delayed memory, and information processing speeds following
heavy marijuana use compared to pre-drug use scores were no longer apparent.68
4.! Similarly, following abstinence for a year or more, both light and heavy adult
marijuana users did not show deficits on score of verbal memory compared to nonusing controls.69
5.! According to a recent meta-analysis looking at non-acute and long-lasting effect of
marijuana use on neurocognitive performance, any deficits seen within the first month
following abstinence are generally not present after about 1 month of abstinence.70
III.!

THE INACCURATE DEA INFORMATION LACKS BOTH OBJECTIVITY

AND UTILITY MAKING IT THE PROPER SUBJECT OF A REQUEST FOR
CORRECTION UNDER THE IQA

The overwhelming majority of the objective scientific studies including studies cited by the
DEA in the DPR71 disprove the inaccurate DEA statements described in Section II (a)-(d).
65

Id.

66

Supra Note 11, at 53695.

67

Id.

68

Id. (internal citation omitted).

69

Id.

70

Id.

71

Minozzi et al., Drug Alcohol Rev 29(3): 304-317 (2010); Fergusson et al., Addiction 100(3): 354-366 (2005);
Kuepper et al., Psychol Med 41(10): 2121-2129 (2011); Van Os et al., Am J Epidemiol 156(4): 319-327 (2002);
American Medical Association, AMA Policy: Medical Marijuana H-95-952 (2009); Degenhardt et al., Drug Alcohol
Depend 71(1): 37-48 (2003); Department of Health and Human Services, Basis for the recommendation for
maintaining marijuana in Schedule I of the Controlled Substances Act (2015); Huang et al., Cancer Epidemiol

12

Because the DEA itself made statements in the DPR that directly contradict information in The
Dangers and Consequences of Marijuana Abuse and Drugs of Abuse, it is undeniable that the
DEA information at issue lacks utility and objectivity.72
The DEA information lacks utility. Utility requires that information disseminated by the
DEA be useful to the public. Information that is admittedly incorrect such as the DEAs
statements regarding the gateway hypothesis and that marijuana causes psychosis, lung cancer
and permanent cognitive deficits inherently lacks usefulness. While there may be some
demonstrable negative effects associated with cannabis abuse, the presentation of scientifically
unfounded information alongside scientifically accurate information obscures and diminishes the
utility of the accurate information and can jeopardize public health. Furthermore, the
disingenuous presentation of the inaccurate information described above makes it difficult for
public officials and medical providers to make informed decisions regarding the viability of
medical cannabis treatment options.
Utility also requires continuous monitoring of information and the correction and updating of
information where appropriate. The statements made by the DEA in the DPR described above,
as well as the studies cited by the DEA, demonstrate that the DEAs statements on its website
regarding the gateway theory, psychosis, lung cancer and permanent cognitive deficits need to be
corrected and updated.
The DEA information lacks objectivity. The information described in Section II (a)-(d) is
neither accurate, reliable, nor unbiased, as evidenced by the DEAs contradictory statements in
the DPR. For example, as demonstrated above, the DEA makes numerous inaccurate, unreliable
and biased statements regarding the gateway theory and the health risks of marijuana use,
including that it causes psychosis, lung cancer and permanent cognitive deficits. The DEA itself
has disproven each of these statements in the DPR as described above. The contradictory
statements made in The Dangers and Consequences of Marijuana Abuse and in Drugs of
Abuse, evince a strong bias against medical cannabis and represent a dereliction of
responsibility. The documents cite outdated and unreliable studies, and fail to discuss contrary
authorities or the documented benefits of medical cannabis.

Biomarkers Prev 24(1): 15-31 (2015); Zhang et al., Int J Cancer 136(4): 894-903 (2015); Gates et al., Respirology
19(5): 655-662; Hall and Degenhardt, Drug Test Anal 6(1-2):39-45; Tashkin et al., American Thoracic Society
International Conference A777 (2006); Lee and Hancox Exp Rev Resp Med 5(4): 537-546 (2011); Kandel and Chen
J Stud Alcohol 61(3): 367-378 (2000); von Sydow et al., Drug Alcohol Depend 68(1): 49-64 (2002); Nace et al.,
Arch Gen Psychiatry 32(1): 77-80 (1975); Degenhardt et al., Alcohol Depend 108(1-2): 84-97 (2010); Vanyukov
et al., DrugAlcohol Depend 123 Suppl 1:S3-17 (2012); Degenhardt et al., PLoS Medicine 6(9): e1000133 (2009);
Meier et al., Proc.Natl.Acad.Sci U.S.A 109(40): E2657-E2664 (2012); Fried et al., Neuotoxicol Teratol 27(2):
231-239 (2005).
72

See https://www.justice.gov/iqpr/information-quality (Utility: DOJ components will assess the usefulness of the
information to be disseminated to the public. Utility is achieved by continuously monitoring information needs and
developing new information sources or by revising existing methods, models, and information products where
appropriate. Objectivity: DOJ components will ensure disseminated information, as a matter of substance and
presentation, is accurate, reliable, and unbiased. Objectivity is achieved by using reliable data sources, sound
analytical techniques, and documenting methods and data sources.).

13

Moreover, as discussed in the next section, the DEA has a heightened burden of ensuring the
accuracy of its statements regarding the risk of marijuana use because the information is highly
influential and affects national public policy. The DEAs failure to update and correct admittedly
outdated and incorrect information does not meet this heightened burden. Moreover, because of
the need for greater certainty for influential information, the results of any studies and
information relied on by the DEA must be reproducible. The DPR demonstrates that the studies
and information relied on by the DEA for each of the categories discussed above is not
reproducible.
Because the inaccurate information is neither useful nor objective, it must be changed to
more accurately reflect the current scientific consensus surrounding medical cannabis. At the
very least, the DEA should update its public information to comport with the statements it made
in the DPRnamely, that (1) the gateway drug hypothesis is invalid; (2) cannabis use does not
cause irreversible cognitive decline in adults; and cannabis use does not cause (3) psychosis or
(4) lung cancer.
IV.!

THE INACCURATE DEA STATEMENTS REQUIRE A HIGHER LEVEL OF

SCRUTINY BECAUSE THEY ARE INFLUENTIAL INFORMATION
AFFECTING NATIONAL PUBLIC POLICY

The DOJ Guidelines require an added level of scrutiny for information deemed
influential.73 The responsibility for determining whether information is influential lies with
the component of the DOJ responsible for disseminating the information.74 Here, because the
relevant DOJ component (the DEA) has not designated medical cannabis information as a
class of information that is influential, the DEA must determine whether information is
influential on a case-by-case basis.75 As stated above, the Guidelines define influential
information as that which has a genuinely clear and substantial impact at the national level, or
on major public and private policy decisions as they relate to federal justice issues.76 The DEA
should find that the inaccurate information described in Section II has a clear and substantial
impact if it is firmly convinced that the information has a high probability of impacting public
or private policy, economic, or other decisions.77
The incorrect information on medical cannabis published by the DEA clearly meets this
standard. The DEA is one of the most respected and influential federal agencies providing
information on drug use, drug abuse, and the health risks surrounding drug use. Unsurprisingly,
many elected officials rely on DEA information in making policy decisions and in educating
their colleagues regarding the risks and rewards of medical cannabis. In fact, members of the
House of Representatives have repeatedly cited to The Dangers and Consequences of Marijuana
Abuse, which is the primary subject of this request for correction. As such, the maintenance of
the inaccurate DEA information described in Section II has a genuinely clear and substantial
73

Supra Note 13, at For Influential Information.

74

Id.

75

Id.

76

Id.

77

Id.

14

impact at the national level and on important public policy decisions related to federal justice
issues.
Indeed, the high probability of impact has already materialized via Congress continuing
failure to pass the 2015 CARERS Act and is likely to continue occurring given the incoming
administrations stance on medical cannabis. Recent statements made on the floor of the House
of Representatives indicate that elected officials are being directly influenced to vote against the
interests of medical cannabis patients as a result of the DEAs inaccurate statements. During a
May 28, 2014 House discussion regarding the Commerce, Justice, Science and Related
Agencies Appropriation Act of 2015, Representatives John Fleming (R-LA) and Frank Wolf
(R-VA)78 directly cited to the DEAs document The Dangers and Consequences of cannabis
Abuse, to support inaccurate propositions regarding the gateway theory and cannabis health
effects:
I would like to close by reading the following statement from the Drug Enforcement
Agency's DEA May 2014 booklet on the ugly truth about marijuana: Legalization of
marijuana, no matter how it begins, will come at the expense of our children and public
safety. It will create dependency and treatment issues and opens the door to use of other
drugs, impaired health, delinquent behavior, and drugged drivers. I think the DEA got it
right. It is time for the rest of the Justice Department to do their job and enforce current
U.S. law that recognizes marijuana's devastating impact on our children and society. I am
hopeful that my amendment will encourage DOJ to take steps necessary to correct any
misunderstanding regarding the Federal enforcement of the CSA and the BSA. I now
urge my colleagues to join me in supporting this amendment. 79

[M]arijuana is highly addictive, is closely linked to altered brain development;

schizophrenia; mental illness []80

I was just reading the dangers and consequences of marijuana abuse. What is happening
to our country? [] I strongly support the amendment. 81

78

Frank Wolf retired in January 2015.

79

https://www.congress.gov/congressional-record/2014/5/28/house-section/article/h48681?q=%7B%22search%22%3A%5B%22marijuana%22%5D%7D&resultIndex=4, at H4907.
80

Id.

81

Id.

15


And trust me, my friend, I will tell the gentleman that whether it is marijuana or heroin
or methamphetamines, as a drug addict once told me: All addicting substances are
gateways to other addicting substances. 82
These opinions were directly influenced by the inaccurate statements in the Dangers and
Consequences of Marijuana Abuse, discussed in Section II above. 83 The Congressmen were
speaking in support of Rep. Flemings proposed amendment to H.R. 4660, which would have
reduced the DOJs general legal account by $866,000 until the Attorney General enforced the
Controlled Substances Act (CSA) by prosecuting medical cannabis providers and patients
operating under State laws.84 Because outspoken and active members of the House use the
aforementioned DEA statements in support of federal criminal justice legislation, the subject
information is highly influential and can be expected to have a genuinely clear and substantial
impact at the national level on important public policy decisions related to federal justice issues.
While this particular amendment did not pass, Congress could pass a similar amendment or
simply refuse to reauthorize the Rohrabacher-Farr Medical Cannabis Amendment85an
amendment that prohibits the DOJ from using funds under the Act to interfere with providers and
patients acting in accordance with state medical cannabis laws. This injury could occur as soon
as December 2016 when Congress passes 2017 appropriations acts. It is highly likely that
Congress will (1) refuse to reauthorize the Amendment; and/or (2) refuse to pass the CARERS
Act.
Similar statements made by other US representatives demonstrate the pervasiveness of
inaccurate beliefs regarding medical cannabis that are being perpetuated by DEA
misinformation.
In a July 2016 Hearing, the House Subcommittee on Crime and Terrorism discussed
researching the potential medical benefits and risks of cannabis. Representative Lindsey
Graham, the Chairman of the subcommittee, made statements about the refuted gateway drug
theory:
I also hear about how marijuana is a gateway drug that gets people going down the
wrong road. 86

82

Id.

83

See generally supra Note 21.

84

Supra Note 79, at H4906.

85

https://www.congress.gov/bill/113th-congress/house-bill/4660/text, at Section 558.

86

http://www.judiciary.senate.gov/meetings/researching-the-potential-medical-benefits-and-risks-of-marijuana, at
30:40.

16


I have also been a prosecutor and I understand that this has been a gateway drug. 87
While these statements do not explicitly reference DEA documents, they mirror DEA
misinformation and strongly suggest that Sen. Graham believes that the gateway theory
surrounding cannabis remains scientifically accurate. As a former prosecutor, it is likely that
Sen. Graham was influenced by inaccurate DEA information in forming his opinions about the
gateway theory. Yet, as a CARERS Act cosponsor, Sen. Graham believed he was presenting a
balanced view regarding the potential benefits and harms of medical cannabis. This hearing took
place approximately one month prior to the DEAs August 2016 acknowledgement that the
gateway theory is not supported by science. Had Sen. Graham been aware of the invalidity of
the gateway theory, it is likely that he would have presented more nuanced and fact-based
evaluation of the risks and benefits associated with medical cannabis and the CARERS Act.
Additionally, Sen. Graham has a major influence on public policy and on other
representatives (especially republicans). And, while he seems willing to consider the medical
potential of cannabis and cannabis derivatives, his willingness to support (1) research using
federal funds, (2) institutional access to cannabis for research, or (3) medicinal access for
patients in need is stymied by his belief in the gateway theory. Declining to allow or fund
medical research at a national level certainly qualifies as a major public policy decision. As
such, Rep. Grahams statements suggest that inaccurate DEA information about the gateway
theory has a genuinely clear and substantial impact at the national level on important public
policy decisions.
In a June 24, 2015 Senate Drug Caucus Hearing on Barriers to Cannabidiol Research,
Senator Dianne Feinstein (D-CA) stated:
It concerns me greatly because young people use it it is also a gateway drug they
go onto other things and its problematic. 88
Sen. Feinstein is the Co-Chair of the Senate Drug Caucus, and she is under the impression
that cannabis is a gateway drug that leads users to abuse more serious drugs. Again, while the
Senator did not directly reference DEA materials, it is likely that the DEAs dissemination of
inaccurate information regarding cannabis and the gateway theory contributed to her incorrect
views. And, it is highly likely that she would reconsider her beliefs about the gateway theory if
she were exposed to correct information from a nationally trusted source like the DEA. As the
Co-Chair on the Senate Drug Caucus, Sen. Feinstein is in a unique position to influence federal
drug policy and national research efforts; thus, her statements suggest that inaccurate DEA
information about the gateway theory has a genuinely clear and substantial impact at the national
level on important public policy decisions related to federal justice issues.
Senator Chuck Grassleys (R-IA) views further demonstrate the high probability of impact
posed by DEA misinformation. For example, Sen. Grassleys spokeswoman noted specific
87

Id. at 01:05:21.

88

http://www.drugcaucus.senate.gov/content/drug-caucus-hearing-barriers-cannabidiol-research-0, at 02:00:51.

17

reasons that Sen. Grassley did not support the CARERS Act, stating that he believes marijuana
users [are] much more likely to take up heroin and other serious drugs than non-users.89 The
impact of Sen. Grassleys belief in the gateway theory is particularly acute as the Chairman of
the Senate Judiciary Committee, Sen. Grassley is the proverbial gatekeeper to any Senate hearing
on the CARERS Act. And, given his general support for research into cannabidiol medicines,90
Sen. Grassleys belief in the gateway theory is likely a primary impediment preventing him from
facilitating a vote on the CARERS Act.
At the April 5, 2016 Drug Caucus hearing, Senator Jeff Sessions (R-AL) made several
references to the gateway theory without specifically mentioning the theory by name. In a
conversation with hearing witness Benjamin B. Wagner, U.S. Attorney for the Eastern District of
California, Sen. Sessions asserted that good people do not smoke marijuana and described the
damage that could ensue if more people use cannabis:
You can see that it is in fact a very real danger, you can see the accidents traffic deaths
related to marijuana jumped by 20%. These are the kind of things were going to see
throughout the country and youll see cocaine and heroin increase more than it would
have I think had we not talked about it []91

Lives will be impacted, families will be broken up, children will be damaged because of
the difficulties their parents have, and people may be psychologically impacted the rest of
their lives with marijuana. And if they go on to more serious drugs which tends to
happen, and you can deny it if you want to, but it tends to happen []92

As the probable incoming attorney general, Sen. Sessions will dictate whether the DOJ does
or does not interfere with state medical cannabis systems. He clearly harbors a strong hatred for
cannabis generally; nevertheless, his erroneous views on the gateway theory and the alleged
permanency of cannabis associated cognitive deficits are likely informed by DEA
misinformation, as Sen. Sessions has displayed a sense of trust in the opinions of the Drug Czar
and the DEA leadership.93 Notably, Sen. Sessions comments were made approximately four
months before the DEA formally acknowledged that the gateway theory is not supported by
science. Because Sen. Sessions the apparent incoming attorney general likely draws his
opinions about the gateway theory from DEA misinformation, the maintenance of such

89

http://beeherald.com/news/local-farmer-taking-grassley-over-medical-marijuana.

90

http://www.grassley.senate.gov/news/news-releases/bill-introduced-expand-research-potential-medical-benefitscannabidiol-and.
91

https://www.youtube.com/watch?v=gg0bZvIS0K8&feature=youtu.be&t=38m47s, at 39:48.

92

Id. at 42:13.

93

Id. at 42:35.

18

inaccurate information has a genuinely clear and substantial impact at the national level on
important public policy decisions related to federal justice issues.
During a May 29, 2014 House discussion regarding the Commerce, Justice, Science and
Related Agencies Appropriation Act of 2015, Representative Andy Harris (R-MD) stated:
This is dangerous for [children]. How do we know this? The health risks: brain
development, schizophrenia, increased risk of stroke.94
As part of the House Committee on Appropriations, Representative Harris is charged with
allocating dollars to federal agencies. As such, he has power to influence DOJ enforcement of
federal cannabis laws by withholding DOJ funds. 95 Rep. Harris believes that cannabis causes
schizophrenia, an admittedly false fact96 currently being promulgated by DEA literature.
Moreover, Rep. Harris believes in the gateway theory, as demonstrated by his statements at a
National Rx Drug Abuse Summit on April 8, 2015:
That's not the way we should deal with such a dangerous drug [] marijuana is pretty
clearly a gateway drug that has not been shown to be safe or medically effective.97
Because of his belief in the psychosis and gateway theories, Rep. Harris opposed the
Amendment.98 Rep. Harris statements suggest that currently accessible DEA information
continues to promote the unfounded psychosis and gateway theories, thus creating a genuinely
clear and substantial impact at the national level on important public policy decisions related to
federal justice issues.
During a June 2, 2015 House discussion regarding the Commerce, Justice, Science and
Related Agencies Appropriation Act of 2016, Representative John Fleming (R-LA) stated:
It [marijuana] is known to have brain development alterations; schizophrenia and other
forms of mental illness, psychosis; heart complications; and an increased risk of
stroke.99

94

https://www.congress.gov/congressional-record/2014/5/29/house-section/article/h49682?q=%7B%22search%22%3A%5B%22marijuana%22%5D%7D&resultIndex=3, at H4983.
95

See e.g., supra Note 79, at H4906.

96

See supra Note 11, at 53696.

97

http://halrogers.house.gov/news/documentsingle.aspx?DocumentID=398203.

98

I rise to oppose the amendment. Supra Note 94.

99

https://www.congress.gov/congressional-record/2015/6/2/house-section/article/h37002?q=%7B%22search%22%3A%5B%22marijuana%22%5D%7D&resultIndex=2, at H3746.

19


It means the younger a child is exposed to it, the more likely that child will later become
an addict to something else, like methamphetamine, prescription drugs, heroin. 100
As the Co-Chair of the Addiction, Treatment, and Recovery Caucus, Rep. Fleming is charged
with raising awareness and increasing education regarding substance abuse and addiction
treatment. As such, he is in a unique position to educate other members of Congress and the
public about the dangers and benefits of medical cannabis. As illustrated by his statements in the
May 28, 2014 and June 2, 2015 House discussions, 101 he is directly influenced by inaccurate
DEA information and promulgates this shoddy information in support of strict anti-medical
cannabis laws and stronger enforcement of the CSA amongst the states. It is clear that inaccurate
DEA information regarding the gateway theory and cannabis alleged ability to cause psychosis
has a genuinely clear and substantial impact at the national level on important public policy
decisions related to federal justice issues.
Representative Frank Wolf (R-VA) opposed the Amendment in a floor speech on May 9,
2012 discussing the Commerce, Justice, Science, and Related Agencies Appropriations Act of
2013.102 Representative Jerrold Nadler (D-NY) pointed out why this was the case:

I heard [Rep. Wolf] say that the DEA says there is no medical use for marijuana. Thats
true that theyve said it. The DEA has no credibility with people who have looked at
[medical cannabis] . . . We know that, for people suffering pain, for people suffering
nausea from AIDS and cancer, marijuana is the only thing that produces relief and
enables them to eat and get sustenance and to regain weight and to, perhaps, regain
health. . . . The DEA doesnt know [this] because it refuses to see it and refuses to allow
systematic research. 103
Rep. Wolfs opposition to the Amendment is directly influenced by DEA misinformation, as
he has directly cited104 to the DEAs faulty document: The Dangers and Consequences of
Marijuana Abuse. The statement above lends further credence to the fact that DEA
misinformation has a genuinely clear and substantial impact at the national level on important
public policy decisions related to federal justice issues.
Due to the widespread acceptance of inaccurate DEA information amongst the United States
Congress, the information at issue has a genuinely clear and substantial influential impact on
federal public policy decisions. This is especially true when considering DEA statements which
100

Id. at H3747.

101

See Supra Notes 79-80 & 99-100.

102

https://www.congress.gov/congressional-record/2012/5/9/house-section/article/h25153?q=%7B%22search%22%3A%5B%22marijuana%22%5D%7D&resultIndex=1, at H2525.
103

Id. at H2526.

104

Supra Note 81.

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perpetuate the false notions that cannabis use causes psychosis and acts as a gateway drug to
more serious drug abuse. Affected persons (i.e. ASA members) have already been affected by
Congress continuing refusal to hold a vote on the CARERS Act, and they will be further
affected if the Amendment is not reauthorized. Because the information at issue is influential
information within the meaning of the Guidelines, the DEA should review the inaccurate DEA
information with an added level of scrutiny, to ensure that it is reproducible.

V.!

ASA REPRESENTS SERIOUSLY ILL AFFECTED PERSONS WHO ARE

DEEPLY AND IMMEDIATELY AFFECTED BY THE DEAS INCORRECT
AND CONTROVERTED STATEMENTS
a.! ASAs members are affected persons within the meaning of the DOJs
Information Quality Guidelines

According to the DOJ and OMB Guidelines, affected persons are allowed to seek and
obtain, where appropriate, timely correction of information maintained and disseminated by the
agency that does not comply with OMB or agency guidelines.105 And, an affected person is
an individual or entity that may use, benefit, or be harmed by the disseminated information at
issue.106 ASA is composed of the following affected persons: (1) patients who are unable to
access medical cannabis or are at risk of losing access; (2) doctors who are unable to recommend
medical cannabis or are at risk of losing their ability to recommend it; (3) patients and providers
who have been criminally prosecuted or are at risk of prosecution; and (4) scientists who are
unable to obtain cannabis for research or are at risk of losing access.107 On behalf of these
affected persons, ASA seeks to obtain correction of DEA information that fails to comply with
the Guidelines. ASA and its individual members are currently being harmed by and are at risk
of future harm from the DEAs dissemination of inaccurate information regarding medical
cannabis. Specifically, the DEAs aforementioned statements regarding the gateway theory,
cannabis supposed tendency to induce psychosis and lung cancer, and the alleged permanency
of cannabis associated cognitive deficits have harmed and continue to harm ASA and its
members. The harm results because the inaccurate information obfuscates legitimate medical
cannabis research, which would otherwise inform our elected officials opinions and actions.
As described in Section III, elected officials across the nation rely on DEA information when
forming opinions about the safety and efficacy of medical cannabis. These officials have made
public policy decisions based, at least in part, on inaccurate DEA information. These policy
decisions include failing to reschedule cannabis via passage of the CARERS Act, which has the
effect of denying patients access to medical cannabis, preventing doctors from prescribing
medical cannabis, and criminally prosecuting medical cannabis users/providers. And, while
there are many states that have implemented their own medical cannabis systems, medical
cannabis remains federally illegal, in part due to elected officials inaccurate perceptions that
105

Supra Note 13, at Introduction and Purpose.

106

Id. at Process for Citizen Complaint.

107

ASA has members residing in every United States Congressional District.

21

cannabis is a gateway drug and that it causes psychosis, lung cancer, and permanent cognitive
deficits. The federal status of medical cannabis has prevented multiple states from allowing
healthcare providers to recommend medical cannabis in those states. Furthermore, there is a
substantial risk that a misinformed Congress will either repeal or refuse to reauthorize the
Amendment, thereby urging the DOJ to enforce the CSA in states with legal medical cannabis
systems.
The inaccurate perceptions of at least several outspoken United States Congressmen originate
from DEA information lacking both objectivity and utility. These representatives often push for
stricter enforcement of the CSA in the states and maintenance of cannabis as a Schedule I drug.
A correction of the erroneous DEA information would benefit ASA, its members, and millions of
medical cannabis patients by shifting US representatives perceptions of the true risks of medical
cannabis. Such a shift could result in many benefits, including but not limited to: (1) patients
continued access to medical cannabis in states that currently permit its use;108 (2) patients access
to medical cannabis in states which currently prohibit its use;109 (3) elimination of criminal
penalties for medical cannabis physicians and patients;110 and (4) more federal funding and
access to cannabis for medical research. 111

108

There were approximately 2,045,888 registered medical cannabis patients as of Dec. 2015, based on available
patient registry statistics compiled by ASA. Available at https://american-safeaccess.s3.amazonaws.com/documents/EstimatedNumberOfMMJPatientsDec2015.pdf.
109

There are currently 6 states with no medical cannabis and an additional 15 states with limited CBD-focused laws.
Only one of the CBD-focused laws allows for patients to obtain the medical cannabis-derived products from a
dispensary in the state, all other CBD-focused laws only protect patients from arrest if they obtain and possess
products acquired from a state with licensed distribution and reciprocity access.
110

According to the FBI, there were 643,121 cannabis arrests in 2015, over 89% of which were for possession alone
this is the crime patients are most likely to violate. However, the FBI does not provide any information on how
many of those arrests involved a defendant claiming medical necessity. While medical cannabis physicians are
rarely targeted for arrest, the chilling effect of its Schedule I status creates stigma that suppresses the number of
physicians who are willing to recommend medical cannabis under state law. Available at https://ucr.fbi.gov/crimein-the-u.s/2015/crime-in-the-u.s.-2015/home.
111

Researchers have commented on the lack of federal funding available for medical cannabis research. University
of Pennsylvania professor Marcel Bonn-Miller said, [f]rom the National Institutes of Health to the VA to whatever,
there was nothing, referring to the available funding for medical cannabis research. Ethan Russo, Former GW
Pharmaceuticals researcher and current medical director at the Los Angeles biotechnology firm Phytecs, elaborated
on the problem facing medical cannabis researchers: Traditionally, if you had a compelling reason to do research,
you could get funding Now nothing is getting funded unless you have something really sexy. And marijuana is
like kryptonite. Between 1999 and 2012, the number of studies approved for funding dropped from 34% to 19%.
Available at http://www.ibtimes.com/marijuana-news-2016-scientists-frustrated-funding-shortfalls-launch-institute2379921.

22

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