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The DEA requires cannabis to pass a test that does not exist in federal law

Discussion in 'Marijuana News' started by claygooding, Jan 30, 2013.

  1. The DEA requires cannabis to pass a test that does not exist in federal law


    An excellent post at the New Amsterdam Psychedelic Law Blog: The meaning of the DEA’s recent victory in ASA v DEA

    The article posits that petitioners made a mistake by attempting to show that the DEA’s requirements for determining that marijuana had an established medical use had been met, when in fact, the DEA makes that threshold impossible to meet through a procedure that is not legal. They should have instead attacked the DEA’s capricious rules.
    Once you accept the standard designed by the DEA to keep cannabis and other psychedelics prohibited forever, just give up. Such an approach is a disaster, as the Court’s holding demonstrates. The DEA operates in a parallel universe of legal sophistry, a labyrinth of obfuscation and denial, the purpose of which is to maintain cannabis prohibition as an expression of an ideological position as to the nature of “mental health” and “mental illness.” [...]

    The DEA promulgated a regulation requiring that a petition to reschedule cannabis show that there is a CAMUIT [currently accepted medical use in treatment in the United States]. There is no basis whatsoever for that standard anywhere in the Controlled Substances Act. The DEA created it out of thin air. It is actually directly contrary to the CSA. The CSA does not require proof of medical use before conducting a hearing. It’s an obvious matter of logic: whether there is a medical use is determined at the hearing on the petition and therefore it cannot be the threshold issue in the petition for initiating the hearing. It is the conclusion to be reached through consideration of evidence.

    Interesting. Worth doing a little more reading on the subject. I’d love to see the DEA challenged directly on the arbitariness of it procedures in a willing court.

    :cool:
     
  2. God some times i feel like me personally could win over this drug battle with the DEA i would get up on stage and tell the entiire world how i feel. call them out straight to their faces and ask them for answers, theyve known longer then the public has about how safe marijuana is and i cant believe the Federal Courtfucks ruled in there favor on this
     
  3. The predecessor to the article linked in the OP can be found here:

    New Amsterdam Psychedelic Law Blog: Madmen Rule You

    This article explains how the DEA was challenged on its requirement that petitioners prove accepted medical use by FDA standards, and lost (see Grinspoon v. DEA). They then changed their rules to fit their needs and to skirt the Grinspoon decision, all the while maintaining the standard that is in fact impossible to meet.

    Bottom line: ASA petitioned the DEA to hold hearings to determine if marijuana has accepted medical use. DEA denied the petition because marijuana has no accepted medical use.

    Catch 22

    ASA's appeal focused on proving accepted medical use rather than the DEA's (impossible) regulatory requirements.
     
  4. I'm so disgusted with the "athority" figures and leaders of this country at the moment... On Top of reading your post, as I was reading I was also watching the news and just learned via CNN that our Government is alowd to kill a U.S citizen if they suspect that they could be a "terrorist" with out a warning, trial, or anything.... When did WE THE PEOPLE ever give them any of these "Powers"? It's very frightening that the federal government thinks they can kill people and not just people but U.S. citizens because "they say so" or the fact that the DEA can make up any type of bullshit and it sticks... This isn't the first thing the DEA has just pulled out of thin air

    I'm thoroughly disgusted !!
     
  5. dont mind me just trying to get my 10 posts so i can post a question...
     

  6. So you blatantly spam? Word....
     

  7. Can't win them over for one reason. Everything you would say they've known for 20 years. Facts won't change much. I don't thinkitds a problem where the people are completly disconnected, I think it comes down to job secruity. Marjuana takes up at the very least 50+% of the DEA's time and funding. If that is no longer there they will loose tons of jobs and the ones that are left will actually have to work on busting meth labs n shit.

    Much easier to keep pot illegal because generally the work is just easier. I'd rather have to track and storm a marijuana grow-op than a meth lab or heroine farm.
     
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