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Jay R. Cavanaugh letter to Attorney General


February 6, 2002


Mr. Scott Thorpe
Chief Deputy
State of California
Office of the Attorney General

Dear Mr. Thorpe,

I wish to thank you for the opportunity to initiate dialogue with your office regarding the implementation of medical cannabis in the State of California.

I look forward to joining Mr. Ryan Landers, our State Director for California, in meeting with you this coming February 25th.

The American Alliance for Medical Cannabis (AAMC) is a nonprofit group (filing in progress) representing patients, families, caregivers, health professionals, and the general public. Our organization developed first in the State of California with the passage of Proposition 215 in 1996. Since then we have opened chapters in Oregon, Kentucky, Georgia, Florida, Vermont, Rhode Island, Utah, and Idaho.

We know from a review of the scientific literature and our own experience of the tremendous benefit that can be provided by adjunctive therapy with medical cannabis under the supervision of a physician. We are seriously concerned, however, with the status of the pioneering Proposition 215 (The Compassionate Use Act). Proposition 215 is under threat from the Federal government, our State government, and many local California jurisdictions. The application of Prop 215 has been confusing, frustrating, and terribly uneven throughout the State. Each County has been left to develop its own policies or have no policy at all. Legitimate patients and caregivers have experienced arrest and the seizure of their medication. Physicians have been intimidated by the DEA and, in some cases, by our own State Medical Board. All patients, caregivers, and clinics remain under threat of DEA action.

Last year we met with representatives of the State Attorney Generals Office and came to agreement in supporting legislation introduced by State Senator John Vasconcellos. We feel that the Legislature needs to act to bring clarity and uniformity to the situation surrounding the implementation of Prop 215. In the meantime, however, we ask for relief from the Office of the Attorney General in three key ways:

  1. An advisory bulletin to local District Attorneys, Sheriff’s, and Police Chiefs clearly stipulating that Proposition 215 remains the law of California and asking that local jurisdictions act to conform themselves to pending State Legislation. The bulletin should make clear that Proposition 215 provides for more than just an affirmative defense at trial but provides patients, caregivers, and physicians, new rights under State Law.
  2. A written request to the State Medical Board asking for public hearings leading to "Standards of Practice" for California physicians engaged in the recommendation and supervision of adjunctive therapy with medical cannabis.
  3. A written statement to the United States Department of Justice delineating California’s positions supporting the local voters will and support of efforts in Congress to codify States Rights in providing medical cannabis programs.

We at AAMC hope to work closely with your office in the coming year to bring the Vasconcellos Bill to the Governors Desk, establish standards with the Medical Board, and bring uniformity to the implementation of Proposition 215 statewide.

Yours sincerely,

Jay R. Cavanaugh, Ph.D.,
National Director
American Alliance for Medical Cannabis
West Hills, California
(818) 346-4493

E-mail Jay R. Cavanaugh

     
   

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