Wednesday, January 23, 2013

US Court Rules Against Reclassification of Marijuana

The U.S. Court of Appeals ruled in favor of the DEA who claimed medical marijuana studies have not been "scientifically rigorous", Americans For Safe Access vowed to appeal.

Activist Post

The United States Court of Appeals for the D.C. Circuit issued a ruling today in the medical marijuana reclassification case, Americans for Safe Access v. Drug Enforcement Administration. In a 2-1 decision, the Court granted standing in the case -- the right to bring a claim against the federal government -- but denied the legal challenge on the merits, agreeing with the government's assertion that "adequate and well-controlled studies" on the medical efficacy of marijuana do not exist.

"To deny that sufficient evidence is lacking on the medical efficacy of marijuana is to ignore a mountain of well-documented studies that conclude otherwise," said Joe Elford, Chief Counsel with Americans for Safe Access (ASA), the country's leading medical marijuana advocacy organization, which appealed the denial of the rescheduling petition in January of last year. "The Court has unfortunately agreed with the Obama Administration's unreasonably raised bar on what qualifies as an 'adequate and well-controlled' study, thereby continuing their game of 'Gotcha.'"

ASA intends to seek En Banc review by the full D.C. Circuit and,necessary, the organization will appeal to the U.S. Supreme Court. ASA intends to argue that the Obama Administration has acted arbitrarily and capriciously by using continually changing standards of "medical efficacy" in order to maintain marijuana as a Schedule I substance, a dangerous drug with no medical value. The government now contends that Stage II and III clinical trials are necessary to show efficacy, while ASA has consistently argued that the more than 200 peer-reviewed studies cited in the legal briefs adequately meet this standard.


In 2002, the Coalition for Rescheduling Cannabis, made up of several individuals and organizations including ASA, filed a petition to reclassify marijuana for medical use. That petition was denied in July 2011, after ASA sued the Obama Administration for unreasonable delaying the answer. The appeal to the D.C. Circuit was the first time in nearly 20 years that a federal court has reviewed the issue of whether adequate scientific evidence exists to reclassify marijuana.

"The Obama Administration's legal efforts will keep marijuana out of reach for millions of qualified patients who would benefit from its use," continued Elford. "It's time for President Obama to change his harmful policy with regard to medical marijuana and treat this as a public health issue, something entirely within the capability and authority of the executive office."

Patient advocates claim that marijuana is treated unlike any other controlled substance and that politics have dominated over medical science on this issue. Advocates point to a research approval process for marijuana, controlled by the National Institute on Drug Abuse (NIDA), which is unique, overly rigorous, and hinders meaningful therapeutic research. ASA argues in its appeal brief that the DEA has no "license to apply different criteria to marijuana than to other drugs, ignore critical scientific data, misrepresent social science research, or rely upon unsubstantiated assumptions, as the DEA has done in this case."

ASA will continue to put pressure on the Obama Administration, but will also be lobbying Members of Congress to reclassify marijuana for medical use. A new comprehensive public health bill on medical marijuana is expected to be introduced soon in Congress, and ASA is holding a national conference in February to support its passage. (Source)

Read the full ruling below:


 Please visit and support Americans for Safe Access for common sense marijuana laws.

Read other articles by Activist Post Here



BE THE CHANGE! PLEASE SHARE THIS USING THE TOOLS BELOW


BE THE CHANGE! PLEASE SHARE THIS USING THE TOOLS BELOW

13 comments:

Anonymous said...

Pressure, pressure, pressure: Obama has to be pushed.
Dale

berealtruth said...

"It's time for President Obama to change his harmful policy with regard to medical marijuana and treat this as a public health issue, something entirely within the capability and authority of the executive office." - It seems that many people simply can't comprehend the nature of Obama's governance team. Allowing the peoples' unalienable right to access to this natural plant medicine is, for them, a "3rd Rail" issue and access will be denied until the final collapse of their system.

Anonymous said...

We don't need their stinkin' permission now or ever. The laws enacted by the United States of America Corporation are invalid because the corporation has no jurisdiction on sovereign individuals. We are already free from their tyranny if you simply remove their imaginary shackles on your mind.

berealtruth said...

"It's time for President Obama to change his harmful policy with regard to medical marijuana and treat this as a public health issue, something entirely within the capability and authority of the executive office." - I don't think that some people are clear about the nature of Obama's Executive structure. For them, allowing the people their unalienable right to access to natural plant medicine is a "3rd Rail" issue. They're not going to let go on this one till their system finally fails.

Anonymous said...

LMAO...fuck these fictional "authority" figures..they can have their chemo & alcohol!
Ignore them at all costs, my rights come from natural law..how about you?

Anonymous said...

Would be nice to worry about more important issues by legalizing a natural plant with many medical advantages that the Govt. and state are too scared to bring to the table because it will show citizens that pharmaceutical companies have been killing and polluting the EArth ever since they lobbied against marijuana by aspirin lobbyist! Keep polluting our human genome with your bullshit chemicals and don't use natural means dumbasses, keep it up , I dare you and watch what will happen to your genetic structure as you will begin to note from your GMO foods! LMFAO at your constant bullshit and lies on us people!

Anonymous said...

MJ invokes free thought. The PTB simply cannot have a nation of free thinkers. That just will not do. LOL

Anonymous said...

"adequate and well-controlled studies" on the medical efficacy of marijuana do not exist.

So fucking what?

What does not exist is any justification or legal authority for the government to ban the cultivation and use of cannabis.

Anonymous said...

It's ironic that the smoke from this natural plant allows one to see through the fog of chemical smoke that permiates both houses in D.C. THAT'S WHY IT'S ILLEGAL

Anonymous said...

"the Court granted ..... agreeing with the government's assertion that "adequate and well-controlled studies" on the medical efficacy of marijuana do not exist.""

But putting toxic waste fluoride in drinking water is ok with no medical efficacy studies whatsoever, or allowing Monsanto's gmo corn to hit the shelves w only a 3 month efficacy study (3 months is when the tumors start growing!) is all ok.

We all know the US gov is a hypocritical fascist joke. Have faith, truth always wins.

Anonymous said...

There have been a lot of well-meaning people working tirelessly to get marijuana legalized over a long period of time. My hat is off to them all, but it's time to stop trying to work within the system, that only serves to justify it. We should be working instead to dismantle the whole charade of laws and courts that are so corrupted they no longer have any legitimacy. They are the real criminals and it's time to turn the tables.

Anonymous said...

Obama is the Problem, all he has to do is Issue a Presidential Proclamation, declaring Medical Marijuana a Taxable legal substance for use in the medical treatment of Pain!

It is really that simple!

Obama just does not have the balls or the Stomach to go against his real Masters!

The Transnational Drug, Military supply, and Police equipment Corporations which actually own Obama and the rest of the so-called First world free countries!

This is such a disgrace to the American people and all the other peoples of this planet!

He is such an Oreo Cookie!

Anonymous said...

They are NOT going to make pot legal. They make too much money by keeping it ILLEGAL. All the lawyers, judges and cops make a FORTUNE off the "war on drugs" farce. Who else would they put in their for profit prisons as slave labor?

Post a Comment