ASA v. DEA: Pot Gets Its Day In Court!


Late last week — the world of common sense grew to include a few new items. Washington D.C. — and the Circuit Court of Appeals. The sticky little issue at hand? Marijuana as a  “Schedule 1 narcotic“. While that’s a step forward – I won’t hold my breath for a positive outcome here. Despite my misgivings … the D.C. Circuit Court of Appeals has finally decided to hear verbal opinions in “Americans for Safe Access v. Drug Enforcement Administration,” the lawsuit is set to challenge the almighty federal government.

The time has come for their twisted and backwards classification of marijuana as a schedule one narcotic to be addressed. This after a quick ten years of procrastination the CRC … or “Coalition for Rescheduling Cannabis” will finally get its petition before the court to review the scientific evidence regarding cannabis and it’s beneficial value.  If you have the time, or inclination —  starts Tuesday, October 16th, 9:30am Washington D.C. at the E. Barrett Prettyman US Courthouse in downtown Washington.)

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As many know, and the Americans for Safe Access appeal states, the federal government has acted indiscriminately and impulsively to repudiate that marijuana can be a benefit to millions of sick and dying patients all over the U.S. Americans for Safe Access disputes in its arguments that the Federal government and the DEA have absolutely no “Authority to apply dissimilar standards to marijuana studies than to any other drugs, discount critical research data, pervert social science research, rely upon uncorroborated suppositions… as the DEA has done – and continues to do.” The ASA is advising the Washington D.C. Circuit Court of Appeals to “necessitate the Drug Enforcement Administration to scrutinize the scientific data equitably,” then when the real facts are in  “ask for an impartial hearing and findings that can then be based on the methodical record.”

The purpose of this lawsuit by the ASA against the DEA was based on the DEA’s denial of the “Coalition for Rescheduling Cannabis” petition to try and reschedule marijuana. The DEA had 9 years to make a decision. Instead… nothing, nada, the DEA remained silent and aloof. As it currently stands marijuana is controlled “Under the Controlled Substances Act,” as a Schedule 1 narcotic. Schedule One narcotics are earmarked for drugs that have a high probability for misuse, or have no presently accepted medical use within the United States.

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Marijuana patients and their supporters accuse the DEA, as well as DOJ and other federal agencies of ignoring the ever growing pile of evidence on marijuana’s medicinal effectiveness and that medical marijuana is “presently a conventional medical tool” in 18 states plus the District of Columbia.

“Medical marijuana patients are finally getting their day in court,” said ASA chief counsel Joe Elford. “This is a rare opportunity for patients to confront politically motivated decision-making with scientific evidence of marijuana’s medical efficacy. What’s at stake in this case is nothing less than our country’s scientific integrity and the imminent needs of millions of patients.” [Source]



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