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Medical Marijuana From Sea to Shining Sea? A Lawsuit Wants to Force Feds to Say Yes to Pot

Categories: Marijuana

Thumbnail image for Thumbnail image for marijuana zig zag 1ncognito.JPG
1ncognito
Marijuana advocates filed a suit in a U.S. Circuit Court today to force the Obama administration to answer a petition that seeks to have the federal government recognize cannabis as a drug with acceptable medical uses.

The suit wants the court to order the administration to answer the original request within 60 days. This after nine years of stalling on the matter, according to California NORML, which is party to Monday's suit.

If the coalition of pro-pot organizations is successful, marijuana would be taken out of the federal Schedule I category -- the group of outlaw drugs with no legitimate uses, to which cocaine doesn't even belong -- and, presumably, made available as a medicine from coast-to-cost. Wishful thinking?

According to a statement, the Coalition for Rescheduling Cannabis says the administration (first Bush's, now Obama's) never responded to its 2002 petition to reschedule marijuana, "despite a formal recommendation in 2006 from the Department of Health and Human Services (HHS) to the Drug Enforcement Administration (DEA), the final arbiter in the rescheduling process."

The case has been going on so long that one of the patients named as a plaintiff has died, according to the coalition.

marijuana bag themadpothead.JPG
themadpothead

Joe Elford, lead counsel on the writ and Americans for Safe Access' top attorney, says:

The federal government's strategy has been delay, delay, delay. It is far past time for the government to answer our rescheduling petition, but unfortunately we've been forced to go to court in order to get resolution.

Monday's filing accuses the government of "unreasonable delay."

" ... Ample evidence of its [pot's] therapeutic value exists based on scientific studies in the US and around the world," states the coalition.

It also notes that synthetic THC has already been classified as Schedule III.

California NORML director Dale Gieringer:

It is unacceptable for seriously ill Americans to wait a decade for their government to even respond to their petition for legal access to medicine to relieve their pain and suffering. The government's unreasonable delay seriously impugns its competence to oversee Americans' health care. The administration should act promptly to address its obsolete and bankrupt policy in accordance with President Obama's pledge to put science above politics.

[@dennisjromero/djromero@laweekly.com]

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97 comments
jesse
jesse

ALL drugs should be legalized and taxed. Alas,so profound a change is really a pipedream. It does not take much intellect toponder the implications for such a radical change as that. Billions of taxdollars are wasted every month on this "War on Drugs" with notangible goal or purpose. Redirect this effort into something with utilitarianconsequences. I'm sure we could all benefit from the scientific discoveriesmade as a result of some redirected funds. And for all those muscle headedworthless Federal and State enforcement officers: they can be yoked to a millor some other purposeful device, and then they can do some meaningful work andget paid for what they really contribute to society. Let them, for once intheir worthless lives, pull their own weight.

Generic Viagra
Generic Viagra

Excellent article. You have made your point and there is notmuch to argue about. It is like the following universal truth that you can notargue with: No truth is universal, everything has its exception. Thanks for theinfo.

7Earth
7Earth

 Forget about all kind of lost and win stuff and just think for cannabis and marijuana highs and buy drugs for that from given below site name please go on legal-highs !!!!     

Muzzylu
Muzzylu

Medical marijuana, and all marijuana should be legal! It is helpful to people for pain reduction and other maladies, plus marijuana can be a much less harmful recreational drug than liquor, heroin, crack, and cocaine.

Great book on medical marijuana: MARIJUANA - Guide to Buying, Growing, Harvesting, and Making Medical Marijuana Oil and Delicious Chocolates to Treat Pain and Ailments by Mary Bendis. This book has great recipe for marijuana oil and tasty, yummy chocolates!

sevenearth
sevenearth

Forget about all kind of lost and win stuff and just think for cannabis and marijuana highs and buy drugs for that from given below site name please go on legal-highs !!!!    

pete
pete

Unfortuately, this is not about science or what is true. It's about the power to make criminals out of a selected segment of the population. People who disagree with the world view of those in power are being successfully marginalized through the use of anti-marijuana laws. This power will not be willingly given up.

Jjjj
Jjjj

as sad as it is this will never happen, the pharmaceutical companies are to big to let a cheap plant take all of their customers.

Ortho524
Ortho524

No problem in legalizing it.  You simply need to get a prescription from a doctor, go to CVS for example and purchase it like any other drug. It should only be manufactured under strict quality control conditions like other medicines. Prescriptions will be tracked by the DEA like any other scheduled drugs. No more buying it at "cooperatives" etc.  You are not allowed to manufacture and use any other drugs at your house so why should this be different?  Let's face it, probably 95% of people who say it is for medicinal purposes are just people who like getting stoned.  Personally, I can't imagine my life being so pathetically boring that sitting around getting stoned is how I would chose to spend my free time.

BikerBob
BikerBob

How is that any different then people sitting around doing nothing more then drinking Beer and getting Drunk, which by the way Alcohol was considered Medicine and Beer can be made at home, besides Big Pharma does not want to loose money.

Cherrybomb2600
Cherrybomb2600

so don't do it.your life sounds pretty boring now, writing about sthing you've never even done!!!

go score, & write again.

Alfonso Madrid Jr
Alfonso Madrid Jr

Marijuana needs to be separated from death causing drugs.  Clearly Marijuana is helping Millions of people in the world deal with different health issues and is not causing death.

Fran Cisco
Fran Cisco

we all know it will be legal because GREED to make more money is strong

Goriginal
Goriginal

Call me pessimistic, but I'd rather it be decriminalized so EVERYBODY just leaves us alone - everybody from the police to the greedy cronies and profiteers who would inevitably try to get into the business - to smoke in peace and not worry about jail or hefty legal fees. If I get 1 ticket per year at $100, (which one does not need to pay in MA, by the way...), I'll gladly take that as my "tax" for being able to smoke it (for whatever reason).

And by the way, Dani Flores makes some great points - it's not about the plant's medicinal value, it's about its lack of toxicity, relative similarities to other legal, regulated substances, and the peoples' right to do what we will so long as we do not infringe on others' rights.

Goriginal
Goriginal

Sorry, I shortened the above post for everybody's sake - what I meant is I'd prefer Decriminalization over Legalization because it keeps corporate greed away yet effectively makes it a laughable matter for local police. If it is legal, profiteers will enter the market asap. Imagine if the big box stores had a small "Herbals and Medicinals" section in their stores full of crappy, cheap brick-weed? No thanks, I'll stick to the smelly-though-happy hippy-grower down the street who lives and breathes by his green thumb.

Michigan patient
Michigan patient

I read some medical research that stated if marijuana was discovered in the Himalayas today, it would be hailed as the new "penicillin".  I recently was doing a ceramic tile job  for young quadrapallegic, and watched in horror while he had a violent muscle spasm, that I could only liken to a seizure.  Upon lighting a joint for him and holding it in his mouth for about two tokes, I watched as his whole body relaxed and th muscle spasm quickly and completely subsided.  Fortunately, Michigan is one of I believe 9 states that now have medical marijuana laws in effect.  Instead of spending billions each year on ineffectly fighting and enforcing marijuana laws that are based on a "Reefer Madness" mentallity, it is time for US to join the 21st Century and realize that marijuan is here to stay.  Wouldn't billions of dollars of tax revenue from the the legal cultivation and distribution of the drug be better than spending billions to barely make a dent in it's availability?

macewan
macewan

If Berkshire Hathaway or Blackwater (Xe Services LLC) were in the medical marijuana business this wouldn't be a problem. The U.S. can justify illegal torture of detainees, illegal wars, illegal use of bio weapons on U.S. citizens, grants TSA rights to illegal search and seizure & giving our money to banksters but can't see what George Washington, Thomas Jefferson, James Madison, James Monroe, Andrew Jackson, Zachary Taylor and Franklin Pierce saw in the use of cannabis sativa.

A00tab
A00tab

Good luck, I've been wanting the Government to stay the hell out of my body and mind.

Louisb
Louisb

I agree with California NORML director Dale Gieringer: It is unacceptable for seriously ill Americans to wait a decade for their government to even respond to their petition for legal access to medicine to relieve their pain and suffering.

Enough already, legalize it.www.minervacanna.com

Concerned
Concerned

It will be re-graded to a schedule 3 so marinol like pills can be given to you all...Relax and let our regime wash over you. The pill is so much easier than that smelly plant thing

You1
You1

Weed makes me say stupid shit

nonsense
nonsense

it looks like you were either high there or you always say stupid shit.

Paul Kachouroff
Paul Kachouroff

Oh man, drugs that get people blitzed out of their mind are not legalized! What is this country coming too? This is simply outrageous! I mean really, look at the Chinese, do we want to end up like THEM of all people??? It's illegal over there, and they will even EXECUTE a person for harsh drugs. What? Even pornagraphy is illegal over there too??? O.K., enough is enough! Someone get these drugs legalized in our country or we might end up owning it, like the Chinese!!! That drug free highly intelligent nation! Who do THEY think they are owning our country, walking around sober with children garduating with a college-equivalent degree by the age of 12!!!

tinker12
tinker12

You sound like no fun on a date.

jontomas
jontomas

Do you ever have a beer or a glass of wine?

Michael Kaer
Michael Kaer

It is going to come to a head just after the deadline for our MMAR up here in Canada. In less than 2 months the pot laws will be null and void in Ontario (barring some last minute miracle the government may try to do). At the same time our Supreme Court is going through the last ditch efforts of the government to shut down INSITE. When that has run it's course the entire CDSA and the MMAR will both be void and ALL drugs will be legal till the government fixes the laws. The courts are basically saying we MUST treat drugs as a health issue and NOT a CRIMINAL one. Looks like it could be fun this year!

Miguel
Miguel

Hi I am new and I was looking for a way to advertise my small business, if anyone can help I would be very thankful

Wendythegoodlilwitch
Wendythegoodlilwitch

If "WE THE PEOPLE" have to take our own government to court to Legalize a God Given Right to a Plant that can Help so many....I say so be it! 

TheDeacon
TheDeacon

Thank you, thank you, thank you! Yes it is way past time. FACT: Cannabis & our Endocannabinoid System KILLS Cancer at the cellular level. Causing Cancerous Cells to self destruct, programs old cells to die before they can become a health/Cancer problem. It has been proven that our Endocannabinoid System along with the Cannabis plant KILLS Brain Cancer Cells while not harming any healthy cells around it. There is nothing in today's FDA Approved drugs or treatments that could even come close to being this therapeutic to the point of Life Saving, especially for Cancer patients while remaining benign to the patient. Chemo is a Shotgun, approach to killing cancer cells when compared to Cannabis. Money is the root of the problem. You can not patent a plant. So the Feds want the U.S. Gov't & Big Pharma to extract the healthy effects of Cannabis, including the temporary & benign psychoactive effect either synthetically (which has already happened with THC only, placing it in Schedule II then moving it to Schedule III because of its safety & lack of abuse or potential for abuse) i.e. Marinol, synthetic THC in a gelatin base and contained in a gelatin capsule with the therapeutically safe, short & benign Psychoactive effect removed, for me, is a FAILURE. I was on Marinol for over 2 years at a cost to the State of over $800 a month for 60-5mg capsules. It takes an hour to start working and then it did nothing for me. I might as well been eating candy. Only Whole (or as Uncle Scam likes to put it) Raw Cannabis itself with its 60+ Cannabinoids working in harmony with our Endocannabinoid System can heal & raise the quality of Life for millions as therapeutically and efficiently as possible with no ill side effects to the patient whatsoever. Yet the Federal Gov't will not remove Cannabis from Schedule I. Why? That's a damn good question. The answer, if it ever will be known, is definitely all about corruption in Gov't & Private Industry to control and manipulate the Medical Cannabis Movement (Marijuana is slang the Gov't prefers to use because people have been so brainwashed that when they hear the word Marijuana an evil image comes to mind.) Obama does not want to be the first black man to be President of the U.S. and also be known as the President that removed Marijuana from Schedule I. I can hear the racial slurs already, even though it is financially & health wise the most intelligent thing to do that will help our country out of these hard economic times.

bigpetey
bigpetey

just wrote a respectful message to the whitehouse... first time doing so!

Not Sure
Not Sure

yeah but then Obama would alienate the non pot smoking crowd (I am not joking this is why it wont work... maybe in his second term)

Datrebor
Datrebor

I don't see Obama getting a second term. Besides if I remember right between the ones that don't care, that are for it the ones that are against it are a slight minority. He should be worried about pissing off the pro's and don't care.

ZZardozz
ZZardozz

What else do you expect from a government that calls for "Scientific Integrity" in its policies, yet specifically excludes the Office of National Drug Control Policy from being subject to it?http://www.drugwarrant.com/201...

Ageofknowledge
Ageofknowledge

Smelly potheads.

Clint Kees
Clint Kees

lol i would rather reek as a pothead then rot as a hater

jontomas
jontomas

It will be good to watch you sink in the tar pits with the other dinosaurs.

Greg
Greg

One hundred years from now, people will look back at the drug war as one of the darkest chapters of our history.The amount of lives it has ruined and the trillions it has wasted is shameful. Marijuana is a miracle. Period.

Clint Kees
Clint Kees

call me crazy but we are still a very young race... there are many dissapointments yet to come and many many more tragedies yet to occur.. if we banded together and put our heads together... then when those horrible things happen we will be more prepared.. like right now with the world at each others throats one smart race would wipe us out in a single night... or just sit back and watch... either way this current course leads only one direction... STAND TOGETHER and spread out and love each other.

bcainw
bcainw

Deschedule, don't even think about merely rescheduling.  This only benefits Big Pharma.

Because Marijuana is Safer that Beer . . . How About We Start Treating It That Way?MERP HeadquartersThe Marijuana Re-Legalization Policy Project (MRPP)= "MERP"http://www.newagecitizen.com/M...

Evan
Evan

The topic of legalizing pot is THE never ending story.

jontomas
jontomas

No.  It ends next year.  Starting with California, followed soon by most other states, and dragging the feds, kicking and screaming.

Non-Disclosed
Non-Disclosed

Beyond the ridiculous amount of time that it has taken for them to address this issue I think the fundamental problem is with the scheduled drug act and its modifying legislation. If it takes 9+ years to even get the ball moving on rescheduling a drug yet it takes no time at all to put a near permanent ban on it by labeling it as a schedule 1 drug is just wrong. This is further exacerbated by the hypocrisy between the scheduled drug act and the federal analog act. We have Marinol the synthetic form of THC in schedule 3 but we place Marijuana in schedule 1, according to the governments own laws as it pertains to the federal analog act this should not be allowed.

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