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MMJ Rescheduling To Be Heard In Federal Court
Nick Wing, Huffington Post Washington, D.C. August 01, 2012
Medical marijuana advocates will get their day in court later this year, when they argue the therapeutic value of cannabis.
The United States Court of Appeals for the D.C. Circuit agreed late last week to hear oral arguments in Americans for Safe Access v. Drug Enforcement Administration, a case that could have major implications for the rescheduling of marijuana out of Schedule I, a category that also includes heroin and LSD. Schedule I drugs are described as substances that have “a high potential for abuse, have no currently accepted medical use in treatment in the United States, and there is a lack of accepted safety for use of the drug or other substance under medical supervision.” Rescheduling can take place either by congressional vote, or through independent action by the executive branch in the presence of new research. Read More...
ASA takes DEA back to court over rescheduling
By William Dolphin, Americans for Safe Access
March 6th, 2012 LEGAL ISSUES, Medical Marijuana, NATIONAL
An Oakland-based medical cannabis advocacy group hit the federal government with another court challenge over its refusal to recognize cannabis as having medical use. Americans for Safe Access (ASA) asked a federal appeals court to compel the DEA to move cannabis from Schedule I to allow doctors to prescribe it.
The appeal was filed Jan. 26, 2012 in response to the DEA’s recent denial of the rescheduling petition filed by the Coalition for Rescheduling Cannabis (CRC), of which ASA and Patients Out of Time are members. That petition was originally filed in 2002 and acted on by the government only when the CRC sued for unreasonable delay.
“After stalling for nearly a decade, the government is finally going to have to answer in court for their refusal to acknowledge the medical uses of cannabis,” said ASA Chief Counsel Joe Elford, who filed the appeal. “Scientific evidence shows cannabis is one of the safest and most broadly effective medicines available.”
Since 1970, two other rescheduling petitions have sought to restore cannabis to the list of recognized medicines, but the medical record has been reviewed only once by the courts, in 1994.
The ASA appeal argues that the federal government acted arbitrarily and capriciously in ignoring medical research and practice. According to the court brief, the DEA was only able to deny the therapeutic value of cannabis by applying different evaluative criteria to cannabis than to other drugs, misrepresenting social science research, and relying on unsubstantiated assumptions.
It asks the appeals court to “require the DEA to analyze the scientific data evenhandedly,” and order it to issue “a hearing and findings based on the scientific record.”
In the decade since the CRC petition was originally filed, considerably more peer-reviewed research has been published showing the benefits of cannabis for treating a variety of serious conditions. ASA argues in its appeal that this additional scientific evidence should be recognized and considered.
The therapeutic value of cannabis has also been more widely acknowledged, including by a government institute. Last year the National Cancer Institute, which is part of the Dept. of Health and Human Services, added cannabis to its list of Complementary Alternative Medicines, noting that the substance has been used therapeutically for millennia.
In 1988, DEA Chief Administrative Law Judge Francis Young conducted a hearing to review the evidence to date and take testimony from doctors and patients. He concluded that denying medical access was “unreasonable, arbitrary and capricious,” but that ruling was set aside by the head of the DEA.
Since then, thousands of peer-reviewed scientific articles have further described current and potential medical uses for cannabis as well as for the cannabinoid compounds that the plant contains.
Medical Marijuana Advocates Sue Federal Government over Rescheduling Delay May 23rd, 2011
A formal rejection of the CRC petition would enable the group to challenge in court the government's assertion that marijuana has no medical value. "Adhering to outdated public policy that ignores science has created a war zone for doctors and their patients who are seeking use cannabis therapeutics," said Steph Sherer, Executive Director of ASA and a plaintiff in the writ. Jon Gettman, who filed the rescheduling petition on behalf of the CRC added that, "The Obama Administration's refusal to act on this petition is an irresponsible stalling tactic."
"If the people knew what we had done,
they would chase us down the street and lynch us."
~ George H.W. Bush to journalist Sarah McClendon
"You know, it's a funny thing, every one of the bastards that are out for legalizing marijuana is Jewish. What the Christ is the matter with the Jews, Bob?
Tapes Reveal Nixon's Prejudices Again
"You're enough of a pro, to know that for you to come out with something that would run counter to what the Congress feels and what the country feels, and what we're planning to do, would make your commission just look bad as hell."
"Marijuana does not lead to physical dependency, although some evidence indicates that the heavy, long-term users may develop a psychological dependence on the drug"
The Shafer Commission of 1972
Nixon Tapes Reveal Twisted Roots Of Marijuana Prohibition
The Nixon White House tapes from 1971-1972 demonstrate that the foundation of the modern war on marijuana was Nixonian prejudice, culture war and misinformation.
"The individual is handicapped
by coming face to face with a conspiracy
so monstrous he cannot believe it exists."
~ Edgar J Hoover
☛ "... the primary reason to outlaw marijuana
is its effect on the degenerate races."
☛ "Marihuana is an addictive drug
which produces in its users
insanity, criminality, and death."
☛ "You smoke a joint
and you're likely to kill your brother."
☛ "marijuana is the most violence-causing drug
in the history of mankind."
~ Harry Anslinger
“We can't be so fixated on our desire
to preserve the rights of ordinary Americans.”
~ Bill Clinton
Is The DEA Legalizing THC?
So, in other words, if a pharmaceutical product contains THC extracted from the marijuana plant, that would be a legal commodity. But if you or I possessed THC extracted from the marijuana plant, that would remain an illegal commodity.
Wait, it gets even more absurd.
Since the cannabis plant itself will remain illegal under federal law, then from whom precisely could Big Pharma legally obtain their soon-to-be legal THC extracts? There’s only one answer: The federal government’s lone legally licensed marijuana cultivator, The University of Mississippi at Oxford, which already has the licensing agreements with the pharmaceutical industry in hand.
The majority of prohibitionists profit on the drug war,
... and that is their only motive DdC
The Obama Admin's Anti-Marijuana Manifesto
QUESTION: In Mexico, there are those who propose not keeping going with this battle and legalize drug trafficking and consumption. What is your opinion?
SECRETARY CLINTON: I don’t think that will work. I mean, I hear the same debate. I hear it in my country. It is not likely to work. There is just too much money in it,
I know that most men, including those at ease with problems of the greatest complexity, can seldom accept even the simplest and most obvious truth if it be such as would oblige them to admit the falsity of conclusions which they have delighted in explaining to colleagues, which they have proudly taught to others, and which they have woven, thread by thread, into the fabric of their lives.” - Tolstoy