Within hours of the U.S. Court of Appeals for the District of Columbia – listening to oral arguments in the momentous case of the ASA v. DEA, the court requested additional information on the issue of “standing.” In an unusual move, the DC court of appeals requested additional briefing for the case, which has been closely scrutinized by CNN, the L. A. Times, A.P., S.F. Chronicle, The Huff Post, in addition to many others. The unusual demand for a supplementary briefing shows that the court is looking at the issue of medicinal marijuana with extreme intensity.
The October 16th order asked the ASA to provide the court with specific facts about how the plaintiff Michael Krawitz, a retired U.S. Air Force serviceman, was harmed as a direct result of the feds denial to acknowledge the medicinal value of marijuana.[nggallery id=661]
During the Oct 16th oral argument, the ASA’s Chief Counsel Joe Elford, contended that Krawitz had been deprived of therapeutic services and medical treatment from the local VA physicians due to his standing as a medical marijuana patient.
The court ordered the ASA to file a brief, unambiguously in nature, “clarifying and explaining the assertions made (by serviceman Krawitz) concerning his individual standing,” the brief is not to exceed 5 pages, and should “more fully clarify the exact nature of the injury that gives him standing.” The brief is due by today.[nggallery id=662]
If the American’s for Safe Access group successfully demonstrate that Krawitz has suffered discrimination by the federal policy, which believes medicinal marijuana is “without medical value,” the ASA might also finally convince the U.S. Court of Appeals to rule on the merits of medical marijuana— finally providing definition as to whether there is enough scientific evidence (…we know there is) of medical effectiveness to reclassify marijuana from its current Schedule I status.
We in the medical marijuana community continue our vigil, hopeful that the science on medical marijuana will conquer over small minded politics. Overcoming the decades-long battle of ignorance and denial with the federal government, who would rather wage “war” and lie to its own people, as a means of keeping marijuana out of the mainstream and away from the reach of millions of Americans who would benefit from its cannabinoids.[youtube https://www.youtube.com/watch?v=sw5vxs-Bm1E]