Yesterday in Sacramento a federal judge heard closing arguments in a motion challenging the constitutionality of cannabis’ Schedule I classification.
At issue is whether a rational basis exists for the government’s contention that cannabis is properly designated as a schedule I substance — defined as possessing a “high potential for abuse,” “no currently accepted medical use in treatment,” and “a lack of accepted safety … under medical supervision.” A federal court has not heard evidence on the matter since the early 1970s.
Lawyers for the federal government argue that it is rational for the government to maintain the plant’s prohibitive status as long as there remains any dispute among experts in regard to its safety and efficacy. Defense counsel — attorneys Zenia Gilg and Heather Burke of the NORML Legal Committee — contend that the federal law prohibiting Justice Department officials from interfering with the facilitation of the regulated distribution of cannabis in over 20 US states can not be reconciled with the government’s continued insistence that the plant is deserving of its Schedule I status under federal law.
In October, defense counsel and experts presented evidence over a five-day period arguing that the scientific literature is not supportive of the plant’s present categorization. “Numerous clinical trials have been conducted using whole plant marijuana and have concluded the evidence strongly suggests therapeutic value,” defense counsel affirmed in a written brief filed with the court last month. “Physicians in 23 states and the District of Columbia have been recommending whole plant cannabis for treatment of a myriad of medical conditions. The United States, through SAMHSA (Substance Abuse Mental Health Services Administration, a branch of HHS), holds a patent [on the therapeutic utility of the plant.]”
“… It is unimaginable to believe that if heroin, cocaine, methamphetamine, or even over-the-counter medications were being distributed in 23 states and the District of Columbia, Congress and the President would abdicate all regulatory authority to those jurisdictions, and then cut off all funds … to intervene in related distribution activities. … Even the most vivid imagination would be hard pressed to reconcile such action with a ‘rational belief’ that marijuana is one of the most dangerous drugs in the nation.”
In a brief filed with the court by the federal government, it contends: “Congress’ decision to treat marijuana as a controlled substance was and remains well within the broad range of permissible legislative choices. Defendants appear to argue that Congress was wrong or incorrectly weighed the evidence. Although they failed to prove even that much, it would be insufficient. Rational basis review does not permit the Court’s to ‘second guess’ Congress’ conclusions, but only to enjoin decisions that are totally irrational or without an ‘imaginable’ basis.”
They add: “Congress is not required to be ‘right,’ nor does it matter if the basis on which Congress made its decision turns out to be ‘wrong.’ All that is required is that Congress could rationally have believed that its action — banning the production and distribution of marijuana — would advance its indisputably legitimate interests in promoting public health and welfare. Because qualified experts disagree, it is not for the Courts to decide the issue and the statute must be upheld.”
The Judge is anticipated to rule on defense’s motion within 30 days.
Legal briefs in the case, United States v. Pickard, et. al., No. 2:11-CR-0449-KJM, are available online here.
30 LONG DAYS!! no faith left
Amazing, legality and technicalities are more important then truth is their argument basically.
🙂
If “it is not for the Courts to decide the issue and the statute must be upheld,” then how did prohibition of alcohol and every other stupid law/amendment get repealed?
No matter what the Judge’s verdict, I’ve said it before and I ‘ll say it again; Our NORML team did great and historic work here! Thank you Attorney Zenia Gilg for calling the government witnesses in this trial out for the impostors of Democracy that they are! And thank you Paul Armentano for all of the vital research you contributed to this case. You made MY donation and THEN some.
I’d like to see the U.N. and Congress react to this case. Especially the highlight when one of the government’s witnesses went on a Pharma-rant trying to say marinol is better than herbal marijuana and apparently didn’t even realize he admitted that marijuana was medicine while under oath.
Classic…
And the denoumovement of the whole drama? “Congress doesn’t have to be right.” Yeah, I think my four year old tried that defense with me and he still got an @$$ woopin.
[Paul Armentano responds: Thank you for the comment Julian. I know that you have been closely following this case from almost day one.]
In the last 10000 years cannabis has failed to cause a single death. Unlike dangerous substances such as salt or sugar. It is stupid laws such as prohibition that cause the rational to lose respect for authority.
So who is the judge and who exactly funded him?
Because if ANY of his donors are pharmaceutical related, you can bet your ass that cannabis will continue to be a Schedule One
[Editor’s note: Federal judges are appointed, they don’t run for office.]
It seems to me that the Judge herself may side with the defense, but there is no legal basis for her to rule for them. She will likely rule for the prosecution because they have the legal advantage even though she disagrees with them.
“Congress is not required to be ‘right,’ nor does it matter if the basis on which Congress made its decision turns out to be ‘wrong’.”
This is nonsense.
We should expect Congress to base its policies based on scientific truth and to change its policies as we learn more. Anything else throws money and lives away needlessly.
I agree. The judge should do something. Like do a load of laundry, wash dishes, eat a snack, workout, watch some tv, take a crap, or troll a comment section on a website. It makes very little sense, what I say. In contrast, ending prohibition makes more sense than Mary Poppins. Tell me I’m wrong.
Having your name associated in any way with the efforts to persecute those that choose to consume cannabis is a shameful embarrassment, and ignorance is not bliss. What a legacy to leave behind as one fades into the history books as a herded sheep of a person, choosing to remain uneducated or instead advocating a crime against all people with a self righteous attitude. Get rid of mint chocolate chip ice cream, I say. Let it ring out for all to hear. Non psilocybin mushrooms must be outlawed as well.
Thank you for your time. Admittedly, not my best work. And I shan’t pay you for the seconds you just lost, sorry.
I’m just here so I won’t get fined.
Biscuits and gravy.
My man, well alright.
Four score and seven years ago, it was it was 1928.
If ever there was, there was.
Im so glad patent 6630507 for cannabinoids as neuroprotectants owned by SAMHSA was heard as testimony in this case. I can think of no greater hypocrisy in prohibition than both patenting and prohibiting cannabis by our Federal government.
Hoping for two things:
1) Judge Mueller chooses to apply the “rational basis with a bite” test, not the simple rational basis test, and
2) she frames the question as whether congress has a rational basis for classifying cannabis as a Schedule 1 substance, not whether congress has a rational basis for classifying cannabis as a controlled substance, as the gov’t argues she should do.
Paul, Zenia, Heather, you guys are the best!
I hope that the judge rules soon and favorably, but if not, here is a possible successor plan.
Marihuana is linguistically derived from marijuana, and marihuana is semantically derived from cannabis – which was legal before these derivations occurred within the current federal definition of marihuana.
That definition is so wrong that it was, soon after, temporarily classified to be prohibited. Thus the prohibition of that ill-defined marihuana could again be used by the government against the people, in contempt of the Constitution’s mandate for necessary and proper laws.
Remember that the previous prohibition had recently been ruled to be unconstitutional. Why is the prohibition of cannabis always
constructed in such tricky ways?
A simple reform of that definition will conform to a necessary and proper formulation, yet fit within the Schedule’s classification of an “other substance”. Such a definition can be constructed in one short sentence, which restores legality to cannabis, and provides real meaning to the term “marijuana” without the racist spelling,
while continuing to advance the government’s “indisputably legitimate interests in promoting public health and welfare.”
If the judge rules to maintain prohibition, then ask your representatives if they will support this definition of marijuana which actually shows respect for our Constitution:
16. The term “marijuana” means all parts of the smoke produced by the combustion of the plant Cannabis sativa L.
Signing this petition may also help: http://wh.gov/i4yLn
And the “government’s argument” remains un-rational. Congress has the authority to jail innocent people, my ass it does! This is exactly why there is a three part government, so the judicial branch can remove illegal laws, like Marijuana Prohibition. Why isn’t congress interested in prosecuting the people who lied under oath to them that marijuana is a dangerous material??????????
If a law does not have to be “correct”, then why do we need laws??? This just leads to chaos because, like with the police, my bullets say I’m right. These Prohibition Idiots just think law and law, but it is law and order. Disordered laws are for retards in theocracies and places that don’t want peace.
And thank you Heather Burke! It takes the whole team… Thank you NORML.
im not going to pretend to understand all of this stuff but it seems to me that every branch of government just punts this issue.
its doesnt matter if we are illegally jailing people so long as we thought we were right when we started.. by that logic the nazis should be absolved of all crimes.
hopefully this court sees the error of the feds logic. at the very least this should be a state issue.
Meanwhile, SCOTUS has given Colorado until March 27 to file a counter-brief in response to Nebraska/OKIE’s complaint. Leave for Nebraska to sue hasn’t been granted, yet.
You can follow by going to scotusblog and entering Nebraska v Colorado in the search box.
Hopefully it will be classified as a Sch V/5. Then maybe the Veterans Administration Medical Centers/VAMC facilities will stop piss testing and denying medical care to patients who are also taking opiates for severe chronic pain. You have to choose, the VA will not let you consume both. Been there, done that. Now I go to a civilian Dr for my pain management and still get my Hydro and STILL toke on!!; no piss tests for THC metabolites by private docs in Cali. Shame on the VA! Mega BS
To classify marijuana in the same Schedule 1 class as opiates is beyond moronic imo, it shows how little these so called ‘experts’ really know about cannabis.
I sure hope Judge Mueller shows compassion for humanity. I’ll be watching..
Taking their time on this one… I been waiting on the outcome on this for way longer than it should take… Of Course it has medical use. Ofcourse it is not highly addictive. Coffee or nicotine would be more addictive in most peoples opinion that actually know anything about it.
None of this is as it seems. The “federal laws” are not laws they are codes and statutes made corporations operating under the guise of government. The “federal judge” is not a real judge but an administrator for the corporation. The corporations make money off people in prison through prison bonds. This is big business for profit not justice which is why it seems irrational. There is a difference in legal and lawful. Learn this difference people for the sake of the children. This is bigger than cannabis even though i love cannabis i love truth and freedom more.
Question: If the judge rules favorably, does that mean marijuana will automatically be moved to a less restrictive schedule until the case can be heard by a higher court?
Thank you NORML for the hard work you continue to do everyday! You guys are well loved!
[Paul Armentano responds: Any ruling will initially apply to the Ninth Circuit only. Also, the motion does not call for rescheduling; it simply argues that cannabis does not belong in schedule I. If the Judge agrees, it is not within her jurisdiction to say where it does belong; just whether or not she agrees with defense counsel that it does not meet the criteria for Schedule I.]
Did anyone ever think to present the judge with the fact that the U.S. Government has a patent on marijuana since February 2nd 2001
It clearly states that it has a medical use! That in itself seems to be enough evidence, how come norml.org doesn’t focus on this more?
The patent is
United States Patent 6,630,507
Cannabinoids as antioxidants and neuroprotectants
the web site is
http://patft.uspto.gov/netacgi/nph-Parser?Sect1=PTO1&Sect2=HITOFF&d=PALL&p=1&u=%2Fnetahtml%2FPTO%2Fsrchnum.htm&r=1&f=G&l=50&s1=6630507.PN.&OS=PN/6630507&RS=PN/6630507
[Paul Armentano responds: The SAMHSA patent on cannabinoids was stressed in defendant’s final briefs to the Court, as excerpted in the blog post above, “Physicians in 23 states and the District of Columbia have been recommending whole plant cannabis for treatment of a myriad of medical conditions. The United States, through SAMHSA (Substance Abuse Mental Health Services Administration, a branch of HHS), holds a patent [on the therapeutic utility of the plant.]”
They add: “Congress is not required to be ‘right,’ nor does it matter if the basis on which Congress made its decision turns out to be ‘wrong.’
The harms produced by hiding behind such statements are precisely whats causing the erosion of our public health and welfare. And more to the point, as long as the ONDCP is allowed to lie to the American People this will continue. They lie everyday and are protected. Drug Czar Michael Botticelli when ask about lying to the American said that it was “within the stautory guidelines” for him to do so. This isn’t what the Constitution was meant to uphold so Richard Nixon bent it with executive power to push his prejudice views on the country and the world. The ONDCP is a corrupt and unconstitutional arm of the president and should be eliminated.
FYI people, times are changing. I have been convicted but not sentenced yet for helping to manufacture/distribute over 500lbs of cannabis. I have been allowed to keep and renew my 215 by a federal (pre-trial) judge for medicinal purposes. I have been testing dirty for THC with the federal government for almost 2 years now. I know now that I am not the only person this is being done with by the federal govt. As far as I know at the time I was the only one this was being offered to. I did not request it from the judge. The judge recognized my need for cannabis due to allergies in other medicines. I have called NORML and offered for them to use my case in arguments. I would love to help if I can.
this law will only change when it benefits the ones that have the power to change it, politically and financially!
It is not fair, but that is life!
It’s quite like, when DNA proves you innocent and they catch the real killer…..you STILL don’t get out of jail for some time.
It will eventually come down to it will put big businesses out of business so it will not be reclassified!!!
Some factual arguments I feel should be presented to refute the gov’t claims on cannabis; these URLs included are only a fraction of credible evidence and sources from proven medical studies…
1) there is a federal cannabis program where the send the patients 300 rolled Marijuana cigarettes monthly and have been for years now.
http://en.m.wikipedia.org/wiki/Compassionate_Investigational_New_Drug_program
2) if cannabis has no medicinal benefits then why does the gov’t have patents on it as well as medications; ie: Marinol, dronabinol, sativex….
http://nypost.com/2013/09/11/feds-patented-medical-marijuana-even-when-they-were-fighting-it/
3) the DEA declassified dronabinol from their classification of schedule II to a schedule III back in 1999.
http://www.deadiversion.usdoj.gov/fed_regs/rules/1999/fr0702.htm
4) why are there medical doctors making attempts to have it declassified
as well;
http://www.redorbit.com/news/health/1259095/doctor_group_endorses_medical_marijuana/
http://www.greenmedinfo.com/blog/pharmaceutical-strength-marijuana-future-cancer-treatment-1
“Congress is not required to be ‘right,’ nor does it matter if the basis on which Congress made its decision turns out to be ‘wrong’.”
That isn’t the issue at hand, it’s not about being right or wrong, the issue is if the law is constitutional or not! To determine the that, you have to examine the law… to correctly examine the law, you must define “no currently accepted medical use in treatment”. The fact that the government owns a patent for it’s therapeutic properties, that large associations of physicians accept it, that 23+ states/territories allow prescribing it without prosecution, that the DOJ does not actively prosecute any medical use of it should clearly be enough to force a rescheduling. It is very sad if that’s not how the case is ruled.
They add: “Congress is not required to be ‘right,’ nor does it matter if the basis on which Congress made its decision turns out to be ‘wrong.’ –
Under this logic, schools should still be segregated, The Catholic Church was perfectly justified when they executed Copernicus and “The Alien and Sedition Act” should still be law.
Thank you, NORML!
Thank you for trying everything you can to make progress toward legalization.
Congress should make quick work of removing cannabis from the prohibition schedule simply because the focus of law enforcement should be on REAL crimes such as safeguarding the American public from terrorists like ISIS and their sympathizers.
This article from Rollingstoned.nl argues the same point against the Dutch DOJ which is cracking down on cannabis, first with the weedpass and now by shutting down grow shops and threatening cannabis social clubs. Overzealous prohibitionists OR closet cases who are all bark and no bite trying to get surrounding countries to lighten up on the sacred herb?
Here the story in Dutch
http://www.rollingstoned.nl/12-2-15-opstelten-helpt-is-strijders-een-handje/
NO thanks, for what is, again, no submission of the fact, that, our US Constitution, was, originally – drafted on Cannabis Sativa. “Marihuana”, as FDR forces us to call it – IS the very fabric of our Constitution. Another major blunder of neglect!
This sounds like a case of “because I said so.” propaganda is the reason marijuana was outlawed in the first place because of the threat to paper and cotton industry back in the 30’s. Times have changed and government mindset does as well. How are mushrooms classified as schedule II when someone can die from a bad batch?? Look at Colorado and the tax base collected. If I’m the Fed Government I’d be pissed at all the money they missed out on because marijuana dispensaries are not considered legal business entities. Stop wasting tax dollars on fighting marijuana, the courts & jail time. If you want to knock out a chunk of the national deficit, look no further!!!
“La Yerba Buena””The Good Herb””La Oja Verde”
Yo ! @ Drew: Maybe you could contact the Sacramento “Clerk of Court” and “submit your testimony” to the Judge; very interesting!!:)
Unless you want judges constantly overruling legislatures whenever they disagree with them you have to accept the “rational basis” test. Prohibition I got repealed when enough people stood up and said “this is ridiculous and I want to vote for someone who will end it,” for the politicians to listen and Prohibition II will end the same way.
I find Judge Mueller’s closing questions to the prosecution very intriguing, stating:
“If I bought [the defenses’] case… What would you lose?”
Oooohhh, saaay, a Big Pharma monopoly on the supply and domestic price of cannabis? By GW Pharmaceuticals, Pfizer and GlaxoSmthKline just to name a few vultures that like to hike prices on life saving medicines…
The judge’s rhetorical question demonstrates she is inquisitively aware of not only of the special intere$ts in this case, but in the inherent tragic flaw and hamartia of the prosecution’s self admitted attempt to justify injustice, and the Federal government’s indefensible prohibition of patented neuroprotective and neurogenerative medicine (cannabis) to replace it with addictive opiates for profit. The fingerprints of Big Pharma were all over this case; not only when the government’s own witness blundered and accepted the argument under the pretense that marijuana is medicine just to pitch some Marinol, (which patients reject unilaterally over herbal cannabis, for the record)… but the prosecution fumbled again in a closing argument that includes the words, “If Congress were listening here they would probably reschedule, but that is up to Congress to decide.”
No, alas, dear Gregory, Congress had 45 years to make a fair decision concerning the Constitutionality of the scheduling of marijuana; hence, Mr. Broderick, this was the reason why you were in a Federal COURT and not testifying before Congress (jeez, and he calls himself an assistant U.S. Attorney?) While scheduling may be up to Congress, interpretation of the Constitution is up to Judge Mueller; specifically on how she interprets the testimony under the merits, as Mr. Armentano points out; whether cannabis should be classified or scheduled at all considering the grave hypocrisy presented in the allowed evidence.
Dr Colleen Barry and Dr Carl Hart, both Dr’s who presented such hypocrisies in the U.S. v. Picard, et al, have furthered their comments to that regard in the Guardian today. Dr.Hart brought forth the testimony revealing the paradox of both patent and prohibition, cleverly defining himself a man of “science” when the prosecution attempted to portray him as an “activist.” (That’s right; we activists are a derogatory word for prohibitionists… We must be finally getting to them!)
Dr. Barry’s research at John Hopkins University found over 1,700 fewer deaths due to opiate overdose from prescriptions in the 23 states that have legalized medicinal marijuana. Our health system overprescribes lethal opiates while both patenting and prohibiting life-saving cannabis that has no record of overdosing anyone… Ever.
Top that with testimony heard by Sgt. Begin who represented thousands of soldiers on the stand during earlier testimony around Veteran’s Day last year when he explained how he was offered opiates while openly recovering from opiate addiction, until he finally had to choose being cut from opiate supplying VA funds to continue consuming the only medicine that properly managed his PTSD without demoralizing, lethal side effects ; marijuana. (His doctors literally told him ” It ‘s either VA funded lethal opiates or you pay for your own weed. Good thing for us Sgt. Begin chose the weed so he could testify on the stand. Well done Sgt.! Your country owes you a debt of gratitude!)
I’ll say it again; Judge Mueller is highly likely to award the defense. “I will seriously consider the defense,” said Mueller after closing arguments today. The Guardian points out that Mueller said “There are contested points of fact,” about whether accepting cannabis in schedule 1 status “passes Constitutional muster.”
After an inevitable appeal by Big Parma… (I mean, the Federal government… 😉 )This case will then appeal to the 9th circuit court of Appeals, affecting every Federal case that follows, including the pending case of Nebraska and Oklahoma v. Colorado.
Although it would be highly entertaining to watch Colorado countersue Nebraska and Oklahoma for the inflated law enforcement and health care costs they are burdened with by prohibitionist states that fail to use state resources to capture rapists and murderers that flee into Colorado, a defense by Colorado under Constitutional grounds could attack the entire C.S .Act head on. A win for the defense in the U.S. v. Picard et al will ostensibly clear the way for a defense by Colorado on Constitutional grounds using the same evidence allowed in Picard. With the entire 9th Circuit map on Colorado’s Eastern border in a constitutional battle over the scheduling of marijuana under the C.S.Act, Nebraska and Oklahoma ‘s AG’s better be prepared to redefine their interpretation of “state’s rights.” If the argument over the scheduling of marijuana has now evolved into its cost, we may be looking at the tip of the hemp harvest when it comes to law suits. Time to sue prohibitionist states for costing state’s with legal marijuana laws billions in unnecessary law enforcement and medical expenses.
It’s no wonder why this law suit against Colorado has top ranking Republicans telling the OK and NE AG’s to back off before their case backfires;
Pretty soon state’s will be in a predicament of choosing whether to legalize marijuana or pay for the damages of prohibition their state caused on neighboring legalized states. How’s that for a twist in the old joint?
Here’s the real problem. Congress is the actual power of authority in our government. The president, judges, all the king’s horses, and all the king’s men aren’t gonna put logic and reason back together again. Until all those dried up wrinkled taints turn to dust we’re screwed. If we keep voting for republitards, we’re screwed. Even if we try everything we’re allowed to withing to legal confines of ‘the law’ to claw out of the dark ages we’ll just be knocked back down again. You can never succeed when the rules you’re suppose to follow are made by people who don’t wan’t you to have success in the first place. Why would a group of politicians want to allow a plant to be legally consumed by it’s constituents if the plant has the potential to extend our lives. They don’t know WTH to do with all of us and we keep growing in numbers via crappy family planning. If everyone on the planet just tried for 2 kids this wouldn’t even be happening right now. They want a large chunk of the population to drop over so we’re easier to ‘govern’. I say roll out the barrels filled with hot tar and don’t forget the feathers. It’s about time for a public lynching.
Not required to be right? What do you even say to that; I can’t think of any situation where that kind of excuse would be accepted in society? Not any, yet our government laughs at us and continues onward? This mentality is why I lost my father in Vietnam. I am loosing what little hope I have left.
If the judge finds that schedule 1 status is unconstitutional, then employees working in the territory covered by the 9th Circuit should be protected by the Americans with Disabilities Act when using medicinal marijuana as directed by a physician.
Upcoming Cannabis Event in the so very prohibitionist state of Pennsylvania
Anyone interested is attending to listen or who can get on the panel or otherwise help move things along, this just might be for you
Medical Cannabis and Industrial Hemp Town Hall Meeting: Annville, PA
I will be holding a medical cannabis (SB3) and industrial hemp (SB50) town hall meeting on Wednesday, March 11, 2015 beginning at 6:30 p.m. in Leedy Theater, located in Mund College Center at Lebanon Valley College in Annville, PA.
Speakers for the evening include:
•Lieutenant Governor Mike Stack
• State Senator Mike Folmer (sponsor of SB3 and cosponsor of SB50)
• State Senator Daylin Leach (cosponsor of SB3 and SB50)
• State Senator Judy Schwank (sponsor of SB50 and cosponsor SB3)
•Dr. Jahan Marcu, Director of Research and Development at Green Standard Diagnostics, Senior Scientist at Americans for Safe Access, and an Auditor for the Patient Focuses Certification program
•Lolly Bentch Myers, Mother
•Dana Ulrich, Mother
•Les Stark, Hempstone Heritage
•Erica McBride, Keystone Cannabis Coalition
All are welcome to attend, including advocates, those seeking more information, the agricultural industry and media. A question and answer session will be held at the conclusion of all speakers. Seating is limited to 180, on a first come, first served basis. If you have any questions, please contact Fallon in my office at 717-787-5708 or fbinner@pasen.gov.
http://senatorfolmer.com/enews/folmer/2015/021615.htm
Pennsylvania’s Senate Bill 3 prohibits the use of medical cannabis by smoking or vaporizing, still. Bunch o’ Bullshit! That’s gonna essentially make the state a tincture state for high CBD for kidz with seizures and for whatever medicinal cannabis drops veterans with PTSD can put under their tongues or in something to eat or drink, leaves out the precise and most rapid method of delivery or treatment–vaping or smoking, vaping preferred to avoid the tar and gases in the smoke, you know, for obvious reasons.
James Carville’s take on Pennsylvania being Pittsburgh and Philadelphia with Alabama in between still holds true of the state’s political class. Have you seen the Pennsylvania Surgeon General? She’s transgendered; so Governor Wolf is very up to date and open minded, it’s just the other Bible Belching prohibitionist politicians.
http://articles.philly.com/2015-01-26/news/58437758_1_gender-identity-lgbt-community-richard-levine
Cannabis should not even be on the drug schedule. The laws are archaic and made up by racial issues. There is no common sense in congress except for, Earl Blumenauer, Steve Cohen, and Jared Polis.
The pharmaceutical companies have to be behind this and they have to be funding someone. I had a wisdom tooth pulled the other day and was handed a prescription for hydrocodone. I told them I did not want it and would not use them anyway, they said they had to write the prescription for a painkiller. Does not make sense to me when you tell them you don’t want them and they try talking you into getting them. They said it would be good to have on hand just in case I needed them. I said I would deal with the pain and use Ibuprofen if I had to.
My mother was also injured on the job, after the surgery, they prescribed pain meds and told her that workman’s comp would take care of the bill for as long as she needed the painkillers. Almost sounds to me like the federal government wants us on these drugs.
No matter what the ruling is, I think it’s great that this issue is being given serious consideration by a federal judge. Many cases like this in the past have been casually dismissed as unimportant or too straightforward. It’s good to see that Judge Mueller is giving serious weight to both sides, rather than simply jumping to the foregone conclusion that weed is illegal therefore it’s bad.
If the judge finds that schedule 1 status is unconstitutional, then employees working in the territory covered by the 9th Circuit should be protected by the Americans with Disabilities Act when using medicinal marijuana as directed by a physician. – Mr. Green Jeans
The Illinois Medical Cannabis Compassionate Act excludes cannabis felons from ever receiving cannabis in The State of Illinois even with a Physician’s certification.
Does that not violate the Americans with Disabilities Act?
What are the Federal rights of federally disabled citizens who happen to live in The State of Illinois?
Is this the basis for another legal challenge?
Which law is ruling?’
Federal or State?
I am federally disabled and am protected from discrimination by the Federal Government.
The Illinois Medical Marijuana law denies every former Illinois drug felon’s right to medical care even when recommended by their Physician(s).
The drug felon exclusion will be overturned…in Federal Court.
typical fear of what’s not understood. but what I don’t understand is how after all this time we still “don’t understand” this plant? OR do we more than we care to admit?
this 30-day thing sounds like “let’s buy ourselves some time so we can come up with some kind of bullet-proof argument about why we simply can’t reschedule it.”
I’m betting they’ll just pull some crap out of their asses and try to sell it to us as sound public policy.
I’d like to hear what individuals currently in jail feel about being there when their government explains that congress doesn’t have to be “right.”
Marijuana is a smart choice and a very popular one. There’s a good reason for that. Prohibition is not. Nothing good every comes out of marijuana prohibition. Absolutely nothing!
Cannabis shall be removed from CSA “Schedule I”, and placed in “CSA Subchapter I, Part A, §802. Definitions, paragraph (6)”, appended to the list “distilled spirits, wine, malt beverages, or tobacco”, where it will STILL be the least-toxic in the category [by several orders of magnitude].
In other words, EXEMPT from CSA scheduling.
Anything short of that is ABSOLUTELY unacceptable.
Hope this helps everything go good for casinos hopefully the mohegans get what they want to make revenue for mohegan sun in CT i feel Indians should have every right to have it legal on there reservation regardless of federal law
“Congress is not required to be ‘right,’ nor does it matter if the basis on which Congress made its decision turns out to be ‘wrong’.”
I can’t get over this. Do we really need to stipulate in a legal document such a common sense, self-evident truth as Congress should make an effort with all due diligence to get it right.
I like the way ‘right’ and ‘wrong’ are in quotes, as if they’re only vague notions, too.
The good news: this asinine assertion is an act of utter desperation.
The bad news: they just might win with this argument.
@Galileo…..Good news…Two wrongs DON’T make a right.
So our constitution that promises redress of grievance is derailed by “Congress is not required”.
NORML says there are no NAZIS in our government. Yeah sure, yet here we have a perfect Nazis’ style defense of undefensible laws and actions by the government. The argument only makes sense if you have a mental disorder like Obsessive Compulsive Personality Disorder (not OCD). I call it the Nazis disorder because when things aren’t in the “correct order” the people suffering from it react almost like they are being physically threatened. They are the racists (for the most part), their broken logic makes all the sense in the world to them. Of course you’re only supposed to be with people of the same color–we’re OCPD! What they think of as “Disorder” is a threat! The fact we have so many of these defective thinkers in our government should scare the general public. “We need Red Light Cameras” even though they don’t make traffic safer and can even increase traffic accidents doesn’t mean anything. They read, “Red Light Cameras can increase traffic accidents”, but still feel more secure asking for more “Red Light Cameras” because, “it will result in safer conditions”. They constantly disassociate from the facts and go with their made up “facts”. Positive Marijuana Laws are a threat to safely–why though? Why do we keep hearing this from people scared of marijuana? I mean really what are they thinking? Jailing innocent people is a good thing? (its the price we have to pay for freedom from evil weed; and pay and pay and pay some more) What is the difference between putting innocence folks away and preforming useless rituals? Are some of our cops really just witch doctors performing spells??? Just like the voodoo priest, do they actually believe their “magic” is going to fix something? That crying wolf about marijuana will help somehow?
http://www.darklyrics.com/lyrics/lambofgod/sacrament.html#11
“The patron saint of fools answers all your requests, She’s all yours now, so deal with it.
“There’s no shoulder left to cry wolf on,
You’re tied in knots that can’t be undone.
No more warnings will fall on deaf ears,
You lied too many times now no one cares.
No one cares!”
Statements like these spoken to exonerate one of responsibility only shows how truely disconnected the elected elite are from morality. To say, “I’m not required to be right”, first of all admits the flaw and secondly denies accountability. These are the juvenile utterings of a idiot. Justice may be blind as it should be, but NO ONE gets to be this obtuse. This job is a sociopath’s dream come true.
Power and money have replaced honor and pride in politics. Time for change America.
Our VOTE is the answer.
Use it !
Yeah!…voting will change everything…but we have been voting for Frick who opposes Frack when in “power” and vice aversa!
One coin…two sides…never forget that two choices are just one more than one…out of millions and millions of Citizens?
You can’t vote your way out of an unjust system…it’s simply impossible.
The corrupted System is the actual problem.
Don’t follow leaders…follow your conscience?
Can any reader actually prove their vote was cast/counted as intended?
How?
The job of the courts is to decide whether the Legislators are following the Constitution in writing laws. The argument is that the courts shouldn’t ‘second-guess’ Congress, even if they aren’t’ right.’ Someone put this orc out of its misery.
Congress cannot be required to be correct. This actually makes sense if you think about it. We can’t have a random judges throwing out federal laws because he thinks the evidence shows a different result from what congress saw. Yes, marijuana should be rescheduled, but we have separate judicial, legislative, and executive branches for a reason. The question isn’t if congress scheduled marijuana wrong, but if the judicial branch has the authority to reschedule it. I don’t see this as working out well.
Hello, I am an experienced senior researcher with expertise in biomedical and other engineering disciplines. I am looking to find a position where I can support the cannabis industry/research. Please contact me with serious inquiries (only). Thank you. thesage17@yahoo.com
Disenfranchising the Courts’ right to nullify bad, wrong, or unjust laws, executive orders, etc. would set back womens’ and minority suffrage, equal opportunity and just about anything positive that has arisen from the legal process. This right of the Court is guaranteed by the Constitution. Don’t listen to those who would have you believe otherwise.
Boy,how stupid this congress seems to be taking these these old laws of dis beleif and still trying to take away the greatest plant for medical reasons these people need to go sleep and never waKE lets pray this happens here the real diseases GMO their to stupid to get it right. Over 22 known diseases are caused by GMO SO THAT TO ME SHOULD BE OUTLAWED NOT MARIJUANA IDIOTS WAKE UP THIS IS AMERICA WHERE WERE SUPPOSED TO HAVE THE RIGHT TO BE RIGHT NOT A COMMUNISTIC CONGRESS
I have epilepsy. I also have a 128 IQ. I problems, reading, I did not know why. I got to looking into famous people with epilepsy. I noticed that Albert Einstein had a hard time in high school. I think that epilepsy can also be a reading problem as well as a health problem. I was thinking that marijuana may be the drug that would help a lot on epilepsy and help people with problems, in school, with epilepsy.
They should put HSBC on Schedule 1 – and say no more accepted use for appointment of former HSBC helpers and officials to FBI, Justice, SEC, etc.
“Congress cannot be required to be correct. This actually makes sense if you think about it. We can’t have a random judges throwing out federal laws because he thinks the evidence shows a different result from what congress saw. Yes, marijuana should be rescheduled, but we have separate judicial, legislative, and executive branches for a reason.”
Yes, we should be having more judges tossing out bullshit laws. Should be something they do more often. Any judge that does their jobs works within the facts of a case gets labeled as “an Activist Judge” by retards that hate justice.
Ditto for these retarded “Stand your ground laws”. It is already well established you can defend your self when attacked, but these laws say that if someone comes to murder you and you don’t just stand there and let yourself be stabbed or shot, that you fight back, the murder cannot be charged. The law is fucking illegal. Only murder that are “real murders” are where an adult snuffs a child that cannot fight back. Defensive wounds (evidence for murder) can now be used to let a murder off. Judges do need to knock this law down, because it doesn’t make any fucking sense.
@Growyouown
“Disenfranchising the Courts’ right to nullify bad, wrong, or unjust laws, executive orders, etc. would set back womens’ and minority suffrage, equal opportunity and just about anything positive that has arisen from the legal process. This right of the Court is guaranteed by the Constitution. Don’t listen to those who would have you believe otherwise.”
Well said. Judicial review.
23 states have legalized medical marijuana yet it remains a Schedule I drug under federal law. This conflict in federal and state laws is breaking up families, denying long suffering patients, easy access to medical marijuana, driving patients to drug cartels and other illegal sources for marijuana and costing taxpayers millions of dollars. See http://www.freemattdavies.com or http://www.federal-marijuana-laws.com. They need 100K signatures in March. Please help!
Granting cannabis a right to exist in our healthcare industry is going to take popular vote to make significant change today. Lawyers are going to make millions arguing the plants efficacy while fiscal responsibility is handed to another generation of programmed soldiers of ignorance, intolerance, and disrespect.
Another poor bastard got a life sentence for reefer madness. Amazing. It will give him time to contemplate how much he f up.
Noone wants to legalize marijuana because its been illegal for a long period of time, its more of a social issue, people think because its illegal its dangerous, unless they have smoked it they wouldnt really have an understanding of how it could positively effect society, and as of right now its puting money into prisons and law enforcement so there happy to keep it illegal, but if they legalize they could put more money into schools by treating it just like tobacco and alcahol.
B.Zachary, arresting people for profit and not public safety is illegal in the US of A. When are we going to see law enforcement actually follow the laws they use against US??? Putting innocence people in jail is a crime. Slavery was indeed a crime as is using marijuana as an excuse to continue denial of Civil Rights. Marijuana does not take precedence over our Rights; any law enforcement efforts leading in the wrong direction should have been stopped dead in their tracks decades ago.
As others have said, if the system is not afforded judicial review we would still be living in the dark ages.
Judges have the power to overturn bad law, they do it all the time. There were portions of the Patriot and Military Commissions Acts that were overturned by the supreme court because they were unconstitutional.
Yes there is a separation of powers for a reason, but judicial review is meant as a check and balance against an over zealous legislative branch.
Sept. 6, 1988: DEA Chief ALJ francis Young on rescheduling:
“Marijuana in its natural form, is one of the safest therapeutically active substances known to man. By any measure of rational analysis, marijuana can be safely used within a supervised routine of medical care.”
Reagun ignored this, remember “just say no?” And with Dick Cheyneys assistance, carried on the “war on drugs.”
They made $$$$ and never felt the impact of their short term greed.
Shame on Conservatives who moralize. Same as alcohol prohibitionists: moral irrationality is not sustainable.
Thank God a historic day has finally come to florida. after we were shot down in 2014 with a 58% approval for medical I thought the day would never come. But Thank God miracles do still happen. The legislature reconviened this year 2015 and on 03/05/2015 has approved a modified version so that the REAL version of Medical is now approved and in April 15 we can FINNALY get the Medicine we need.!!!!!!
I hope Cannabis will be put to schedule 2 so that I will find it easier to find a job. I am an Legal Medical Cannabis Patient in California. Chronic Pain does not stop me from looking for work, but most companies have pre employment Drug Testing, so must I suffer for a month of not using this increadible Medecine in order to apply for any temp agency job? The Sad answer is probably Yes!!!