Make Marijuana Legal For Medical Purposes: Help Put Marijuana Reschedule Petition Before President Obama

  • by Allen St. Pierre, NORML Executive Director October 4, 2011

    In 1972 NORML filed the first major lawsuit against the Drug Enforcement Administration (DEA) to change the legal status of cannabis from schedule I to schedule II. Would this make cannabis legal for an adult to purchase and use like alcohol and tobacco products?


    All the organization was seeking was an acknowledgement that cannabis had been badly mis-scheduled as a dangerous and highly addictive drug with no accepted medical value. The organization argued in one of the longest (and strangest) legal cases in US history, NORML vs. DEA (1972-1994), that cannabis is a safe, non-toxic herbal medicine that should be within the ambit of choices for a physician to recommend to a sick, dying or sense-threatened medical patient.

    In the late 1990s a coalition of cannabis reform groups refiled a petition to reschedule, which was rejected this past summer by the DEA (see below).

    Please review and sign a new petition asking President Obama to once and for all listen to the many numerous DEA administrative law judges that have previously ruled in the reformers’ favor and all of the clear science published that cannabis is in fact a medicinal product of great worth, providing maximum safety with minimal unwanted side effects and at relatively little cost for the consumer.

    “Nearly all medicines have toxic, potentially lethal effects. But marijuana is not such a substance. There is no record in the extensive medical literature describing a proven, documented cannabis-induced fatality…Simply stated, researchers have been unable to give animals enough marijuana to induce death…In practical terms, marijuana cannot induce a lethal response as a result of drug-related toxicity…In strict medical terms marijuana is far safer than many foods we commonly consume…Marijuana, in its natural form, is one of the safest therapeutically active substances known to man.” – DEA administrative law judge, Francis Young, NORML vs. DEA (1988)

    About 3,000 more signatures are needed by October 23 to meet the necessary threshold. I’ve been told that the White House may raise the threshold soon to qualify petitions for Presidential review from 5,000 to 25,000. Undeterred-in-the-slightest, I’m totally confident that the NORML community will generate in excess of 25,000 signatures in support for this important and long-suffering cannabis re-scheduling for medical purposes.

    Please sign the cannabis rescheduling petition here.

    Medical Marijuana Advocates Sue Federal Government Over Rescheduling Delay
    MONDAY, 23 MAY 2011 11:34

    WASHINGTON–(ENEWSPF)–May 23 – A Coalition of advocacy groups and patients filed suit in the DC Circuit Court today to compel the Obama administration to answer a 9-year-old petition to reclassify medical marijuana. The Coalition for Rescheduling Cannabis (CRC) has never received an answer to its 2002 petition, 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. As recently as July 2010, the DEA issued a 54-page “Position on Marijuana,” but failed to even mention the pending CRC petition. Plaintiffs in the case include the CRC, Americans for Safe Access (ASA), Patients Out of Time, as well as individually named patients, one of whom is listed on the CRC petition but died in 2005.

    “The federal government’s strategy has been delay, delay, delay,” said Joe Elford, Chief Counsel of ASA and lead counsel on the writ. “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.” The writ of mandamus filed today accuses the government of unreasonable delay in violation of the Administrative Procedures Act. A previous cannabis (marijuana) rescheduling petition filed in 1972 went unanswered for 22 years before being denied.

    The writ argues that cannabis is not a dangerous drug and that ample evidence of its therapeutic value exists based on scientific studies in the US and around the world. “Despite numerous peer-reviewed scientific studies establishing that marijuana is effective” in treating numerous medical conditions, the government “continues to deprive seriously ill persons of this needed, and often life-saving therapy by maintaining marijuana as a Schedule I substance.” The writ calls out the government for unlawfully failing to answer the petition despite an Inter-Agency Advisory issued by the Food and Drug Administration in 2006 and “almost five years after receiving a 41-page memorandum from HHS stating its scientific evaluation and recommendations.”

    The two largest physician groups in the country — the American Medical Association and the American College of Physicians — have both called on the federal government to review marijuana’s status as a Schedule I substance with no accepted medical use and a high potential for abuse. The National Cancer Institute, a part of the National Institutes of Health, added cannabis to its website earlier this year as a Complementary Alternative Medicine (CAM) and recognized that, “Cannabis has been used for medicinal purposes for thousands of years prior to its current status as an illegal substance.”

    Medical marijuana has now been decriminalized in 16 states and the District of Columbia, and has an 80% approval rating among Americans according to several polls. In a 1988 ruling on a prior rescheduling petition, the DEA’s own Administrative Law Judge Francis Young recommended in favor of reclassification stating that, “Marijuana, in its natural form, is one of the safest therapeutically active substances known to man.”

    A formal rejection of the CRC petition would enable the group to challenge in court the government’s assertion that marijuana has no medical value. “Adhering to outdated public policy that ignores science has created a war zone for doctors and their patients who are seeking use cannabis therapeutics,” said Steph Sherer, Executive Director of ASA and a plaintiff in the writ. Jon Gettman, who filed the rescheduling petition on behalf of the CRC added that, “The Obama Administration’s refusal to act on this petition is an irresponsible stalling tactic.”

    A synthetic form of THC, the main chemical ingredient in the cannabis plant, is currently classified Schedule III for its use in a prescribed pill trademarked as Marinol®. The pill goes off-patent this year and companies vying to sell generic versions are petitioning the government to also reclassify the more economical, naturally-derived THC (from the plant) to Schedule III. The rescheduling process involves federal agencies such as the National Institute on Drug Abuse, HHS, and DEA. On average, it takes 6 months from HHS review to final action, whereas it’s been nearly 5 years since HHS issued its recommendation on the CRC petition, more than twice as long as any other rescheduling petition reviewed since 2002.

    Further information:
    CRC rescheduling petition
    2006 HHS recommendation
    2010 DEA Position on Marijuana

    Writ filed today
    Backgrounder on rescheduling

    49 Responses to “Make Marijuana Legal For Medical Purposes: Help Put Marijuana Reschedule Petition Before President Obama”

    1. josh says:

      marijuana, i have been doing alot of research on it and there is onaly one bad thing about it, and thats inhailation of smoke. but then of course all inhailation of smoke is bad no matter what. i researched all the myths and they all truned out fake like “weed kills brain cells” no it really doesnt they put a gasmask on a monkey for 5 min with 30 columban joints WITH NO OXYGEN INVOLVED IN THE MASK! so of coures its going to kill brain cells because theyre sufficateing. and yeah tabacco has been a killer for years and it kills at least 440,000 or better get killed because of it and as for alchohal 75,000 people die just in the U.S. more around the world. if you ask me we should ban cigs and alcohal and make pot legal. so come on the rest of the U.S. make your move and make weed legal like all the good states

    2. josh says:

      they are right

    3. […] methodologies and connections with prescription opiates, is going to be reviewed. Federal and state laws relating to marijuana as medicine will also be […]

    4. […] coming from anti-drug legislators, Senator Clark stressed that the bill might simply pertain to cannabis for healthcare uses. “This isn’t regarding marijuana legalization. It’s about getting federal […]

    5. […] cultivating a structure for postive marijuana views. New Jersey is the mayors home state and he has legalized pot for medicinal purposes – has created identical claims about the Drug War’s excessive influence on the […]

    6. Kaizad says:

      think given that over a million people die in india every year due to tobacco itself and more than half of it due to alchohol, when the figure of deaths is set to rise atleast 5-7% every year due to more and more people getting addicted to tobacco. it will be smart to compare that with marijuana which has killed Zero people in the past 5000 years of its discovery, in time… it has 50,000 uses, ranging to medical to industrial and social benefits… how naive are we humans to ignore so many important things abt the plant for centuries, startles me… Cannabis has now discovered to not only prevent cancerous growth but also reverse or sometimes Cure them…not only this, it can give relief to upto 250 different diseases and prolong the life of a patient even during fatal diseases like epilepsy, tumour, alzeimer, cancer, and 18… other life threating fatal diseases which yet has no cure been found…Not only is it a wonder drug, it is an excellant source of protein both in kids and adults, as well as over all life expectancy and healthy body. I wonder what more has the plant to offer and this exactly should be the motto of all the scienctists to come together in india (like many other countries eg USA, EU, UK, Australia, etc) and start researching in this field of health care to help humanity, help india… Please I urge all of you to study the cannabis plant in greater detail before throwing unsubstantiated opinions about the plant, when the case should be abt discussing the facts… Best of all, it is completely non addictive unlike smoking cig, alcohol or any other drug.

    7. […] Make Mar­i­juana Legal For Med­ical Pur­poses: Help Put Mar­i­juana Resched­ule Peti­tion Be… by Allen St. Pierre, NORML Exec­u­tive Direc­tor Octo­ber 4, 2011 […]

    8. well, I believe this is one of a few articles that could really help. in other countries, marijuana are prescribed for asthma patients.

    9. Rick says:

      I used medical marijuana for chronic pain until placed on probation for an incident at a hospital which was caused by an OD of AMBIEN (an accepted drug). Now I am in pain constantly and may have to go back to using my cane and wrist braces. It is time for medical marijuana to be legalized for everyone!!!

    Leave a Reply