Medical Marijuana Advocates to Argue DEA in Federal Court - San Francisco News - The Snitch Is marijuana a medicine, or is it a vitality-sucking, life-destroying devil weed? Cannabis advocates and law enforcement don't exactly see eye-to-eye on this crucial point -- but for the first time, a judge will be called in to decide. A federal court of appeals in Washington, D.C., late last week agreed to hear oral arguments in a 10-year-old rescheduling petition filed by Americans for Safe Access, a marijuana advocacy group. ASA wants the Drug Enforcement Administration to reclassify marijuana from a Schedule I controlled substance -- which means the government deems cannabis highly-addictive, with no medical value -- to a classification that reflects its medicinal application. The court hearing would be the first time the medical merits of cannabis would be examined in a federal courtroom since 1994 -- before 17 states and the District of Columbia approved the medical use of marijuana -- and a mere 10 years after the petition was filed. The United States Court of Appeals for the D.C. Circuit will hear oral arguments in Americans for Safe Access v. Drug Enforcement Administration on October 16, according to 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," Elford said in a statement issued late Monday. "What's at stake in this case is nothing less than our country's scientific integrity." Numerous studies, including research conducted by the state-funded Center for Medical Cannabis Research at the University of California, have concluded that marijuana may hold some medical value for sufferers of AIDS, glaucoma, cancer, chronic pain, and a myriad of other diseases and conditions. The federal government has maintained, including at the United States Supreme Court in 2005, that the plant/drug has no medical value. In recent weeks, yet another study was published, this one directly blasting the feds' assertions. In The Open Neurology Journal, University of California San Diego researcher Dr. Igor Grant wrote that marijuana's Schedule I classification is "not tenable." Saying that the drug -- on which the United States government holds a medical patent, and derivatives of which are prescribed in the United States and in the United Kingdom and Canada -- is medically worthless and is poppycock, Grant wrote. It is "not accurate that cannabis has no medical value, or that information on safety is lacking." The DEA last summer denied to hear an appeal of marijuana's classification, which was originally filed in 2002. ASA then filed a lawsuit to force the feds into a courtroom. The results of the hearing come at an auspicious time -- it will be about a year from the day the Justice Department began a coordinated crackdown on California's state-legal, taxpaying medical marijuana dispensaries. About a dozen have shut down in the Bay Area, including eight in San Francisco as of the end of business Tuesday.
What im beginning to dread is that the govt will say, "oh so you want the medicinal properties? Fine. Here you go. We'll let you choose this expensive cannabis based med from some pharmaceutical we're partners with (sativex?), but no plant for you! That is still bad and illegal!"
I hate that idea. But I would still be thrilled if I could get a Sativex prescription. If it was reasonably priced that is. I think as it is now it's like $500 a bottle which is insane. I can make a bottle of it myself for about $70 bucks. And that's at the inflated black market value.
Wouldn't a less serious schedule lead to decriminalization nationwide? Once doctors get on board and acknowledge it's less dangerous, less addictive and has medicinal properties it could turn the tide locally and nationally as public sentiment and political current changes to favor decriminalization. Add to that a couple of states legalizing it and America could reach that magical turning point. Spread the word. Everyone needs to pay close attention to this "review". Teachers, lawyers, doctors, students, etc.
I'm a crushing pessimist, but I'm really hoping this will turn out well. Although damn it....... generally people think that what comes out of the mouth of the DEA is fucking golden legitimacy....i think federal judges may fall under that category as well.
Can't wait to see how this turns out and if the des wins ...... Omg I can't even begin to express ........ But we'll have to wait n see if the Feds also has judges on their side .......
Removing marijuana from schedule 1 to any other schedule will result in marijuana being removed from the CSA,,if science is followed instead of government propaganda. When the DEA/NIDA no longer control who or what studies are allowed on marijuana and what marijuana can be used in the research,,cannabis will prove it's own medical efficacy with very little resistance,,no more funding to Drug Free America to spread the government's bullshit,,no more interference with state ballot initiatives,,as the ONDCP is required by law to oppose,,as long as marijuana is schedule 1... Schedule "anything" will remove the government machine set up to keep hemp off the open market....It is that important.
To say that this was the first time in a court is not true. In the 90's a DEA judge ruled in favor of the cannabis advocates, only it was struck down by the head of the DEA shortly after. This is just the first time there might be a real chance.
Actually,it was 1988,,but it was not in a federal court,,it was an appeal at the DEA with a federal Administrative judge,,a totally different situation because that allowed the DEA to ignore the judge's decision,,ignoring a federal court decision is a different ballgame. Ignoring a federal court would result in the DOJ becoming involved in enforcing the decision.
Yes, judge Francis Young stated that cannabis in its natural form is one of the safest theraputic substances know to man. However judge Young is not a federal judge, just the chief administrative judge for the DEA. His ruling was not to set precident for cannabis legislation in America, just to examine the issue and provide a ruling as a recommendation for the DEA to either accept or deny. An appeal like this involving the federal government and not the DEA as an entity in government will require action based off of the ruling. This case is much more than a step in the right direction, a rescheduling of cannabis federally will allow doctors to actually prescribe cannabis instead of recommending it, as well as paving the way for blanket legalization of cannabis for both its medical and textile used. Fingers crossed
This is great news to hear. As soon as I think were losing the battle there's a small chance that there might be a chance for our beautiful plant.
It still amazes me that we are still at this point. Where we still have to defend marijuana and say it has medical benefits.. Anyone who disagrees needs to be beheaded like a cartel member because they are doing NOTHING to benefit this country. *anger post*
What if and just what if the powers behind the curtain finally decided to legalize cannabis and are just going through the motions of this bureaucratic dog and pony show. Just throwing it out there. A man can dream can't he?
[quote name='"Messiah Decoy"'] What if and just what if the powers behind the curtain finally decided to legalize cannabis and are just going through the motions of this bureaucratic dog and pony show. Just throwing it out there. A man can dream can't he? [/quote] Sure you can dream, but how would that make any sense? Why would they fight it all these years tooth and nail just to randomly turn around and legalize it? As long as they're still making money off it being illegal, nothing will change.
[quote name='"Messiah Decoy"']Wouldn't a less serious schedule lead to decriminalization nationwide? Once doctors get on board and acknowledge it's less dangerous, less addictive and has medicinal properties it could turn the tide locally and nationally as public sentiment and political current changes to favor decriminalization. Add to that a couple of states legalizing it and America could reach that magical turning point. Spread the word. Everyone needs to pay close attention to this "review". Teachers, lawyers, doctors, students, etc.[/quote] Ehhhh maybe...possibly buy remember that cocaine is on a lower schedule than weed because they admit it has medicinal properties. I can already see the slippery slope argument that if they decrim weed bc of medicinal value than what's next??!??! COCAINE???!!! Lol even though I'm totally for the legalization of all drugs...