Federal District Court Judge Asks: Should Federal Law Classify Cannabis As One Of The Nation’s Most Dangerous Drugs?October 20, 2014
Testimony regarding the constitutionality of the federal statute designating marijuana as a Schedule I Controlled Substance will be taken on Monday, October 27 in the United States District Court for the Eastern District of California in the case of United States v. Pickard, et. al., No. 2:11-CR-0449-KJM.
Members of Congress initially categorized cannabis as a Schedule I substance, the most restrictive classification available, in 1970. Under this categorization, the plant is defined as possessing “a high potential for abuse, … no currently accepted medical use in treatment in the United States, … [and lacking] accepted safety for … use … under medical supervision.”
Expert witnesses for the defense – including Drs. Carl Hart, Associate Professor of Psychology in the Department of Psychiatry and Psychology at Columbia University in New York City, retired physician Phillip Denny, and Greg Carter, Medical Director of St. Luke’s Rehabilitation Institute in Spokane, Washington – will testify that the accepted science is inconsistent with the notion that cannabis meets these Schedule I criteria.
“[I]t is my considered opinion that including marijuana in Schedule I of the Controlled Substances Act is counter to all the scientific evidence in a society that uses and values empirical evidence,” Dr. Hart declared. “After two decades of intense scientific inquiry in this area, it has become apparent the current scheduling of cannabis has no footing in the realities of science and neurobiology.”
The government intends to call Bertha Madras, Ph.D., Professor of Psychobiology at Harvard Medical School and the former Deputy Director for Demand Reduction for the White House Office of National Drug Control Policy under President George W. Bush.
Additional evidence has been presented by way of declarations by Marine Sgt. Ryan Begin, a veteran of the Iraq War; Jennie Stormes, the mother of a child suffering from Dravet Syndrome – a pediatric form of epilepsy that has been shown in preliminary trials to respond to specific compounds in the cannabis plant; James Nolan, Ph.D. an associate professor of sociology and anthropology at West Virginia University and a former crime analyst for the US Federal Bureau of Investigation; and Christopher Conrad, noted cannabis author, archivist, and cultivation expert.
This is the first time in recent memory that a federal judge has granted an evidentiary hearing on a motion challenging the statute which classifies cannabis to be one of the most dangerous illicit substances in the nation. Attorneys Zenia Gilg and Heather Burke, both members of the NORML Legal Committee, contend that the federal government’s present policies facilitating the regulated distribution of cannabis in states such as Colorado and Washington can not be reconciled with the insistence that the plant is deserving of its Schedule I status under federal law.
They write: “In effect, the action taken by the Department of Justice is either irrational, or more likely proves the assertions made in Part I (B) of this Brief: marijuana does not fit the criteria of a Schedule I Controlled Substance.”
Speaking recently in a taped interview with journalist Katie Couric, United States Attorney General Eric Holder expressed the need to revisit cannabis’ Schedule I placement under federal law. Holder said, “[T]he question of whether or not they should be in the same category is something that I think we need to ask ourselves, and use science as the basis for making that determination.”
The testimonial part of the evidentiary hearing in United States v. Pickard, et. al., is expected to last three days.
Earlier today, 18 members of Congress signed onto a letter that was delivered to President Barack Obama calling for him to remove marijuana from Schedule I of the Controlled Substances Act.
“We request that you take action to help alleviate the harms to society caused by the federal Schedule I classification of marijuana. Lives and resources are wasted on enforcing harsh, unrealistic, and unfair marijuana laws,” the letter reads, “Nearly two-thirds of a million people every year are arrested for marijuana possession. We spend billions every year enforcing marijuana laws, which disproportionately impact minorities. According to the ACLU, black Americans are nearly four times more likely than whites to be arrested for marijuana possession, despite comparable usage rates.”
The letter was signed by Representatives Blumenauer (OR), Cohen (TN), Farr (CA), Grijalva (AZ), Honda (CA), Huffman (CA), Lee (CA), Lofgren (CA), Lowenthal (CA), McGovern (MA), Moran (VA), O’Rourke (TX), Polis (CO), Quigley (IL), Rohrabacher (CA), Schakowsky (IL), Swalwell (CA), and Welch (VT).
“Classifying marijuana as Schedule I at the federal level perpetuates an unjust and irrational system. Schedule I recognizes no medical use, disregarding both medical evidence and the laws of nearly half of the states that have legalized medical marijuana,” the letter continued, “A Schedule I or II classification also means that marijuana businesses in states where adult or medical use are legal cannot deduct business expenses from their taxes or take tax credits due to Section 280E of the federal tax code. We request that you instruct Attorney General Holder to delist or classify marijuana in a more appropriate way, at the very least eliminating it from Schedule I or II.”
You can read the full text of the letter here.
25 Years Ago: DEA’s Own Administrative Law Judge Ruled Cannabis Should Be Reclassified Under Federal LawSeptember 5, 2013
Friday, September 6, 2013 marks the 25-year anniversary of an administrative ruling which determined that cannabis possesses accepted medical utility and ought to be reclassified accordingly under federal law.
The ruling, issued in 1988 by US Drug Enforcement Administration (DEA) Chief Administrative Law Judge Francis Young “In the Matter of Marijuana Rescheduling,” determined: “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.”
Young continued: “It would be unreasonable, arbitrary and capricious for DEA to continue to stand between those sufferers and the benefits of this substance in light of the evidence in this record.”
Judge Young concluded: “The administrative law judge recommends that the Administrator conclude that the marijuana plant considered as a whole has a currently accepted medical use in treatment in the United States, that there is no lack of accepted safety for use of it under medical supervision and that it may lawfully be transferred from Schedule I to Schedule II [of the federal Controlled Substances Act].”
Judge Young’s ruling was in response to an administrative petition filed in 1972 by NORML which sought to reschedule cannabis under federal law. Federal authorities initially refused to accept the petition until mandated to do so by the US Court of Appeals in 1974, and then refused to properly process it until again ordered by the Court in 1982. In 1986, 14-years after NORML filed its initial petition, the DEA finally held public hearings on the issue before Judge Young, who rendered his decision two years later.
However, then-DEA Administrator John Lawn ultimately rejected Young’s determination, and in 1994, the Court of Appeals allowed Lawn’s reversal to stand – maintaining marijuana’s present classification as a Schedule I prohibited substance with “no accepted medical use,” and a “lack of accepted safety … under medical supervision.”
In July 2011, the DEA rejected a separate marijuana rescheduling petition, initially filed in 2002. This past January, a three-judge panel for the US Court of Appeals for the District of Columbia affirmed the DEA’s decision, ruling that insufficient clinical studies exist to warrant a judicial review of cannabis’ federally prohibited status. Petitioners have appealed the ruling to the US Supreme Court, which may or may not elect to review the matter.
The criminalization and prohibition of cannabis has been an abject failure and should be ended as a federal public policy, according to the findings of a new report issued this week by the National Lawyers Guild.
States the report:
“The NLG believes that ending the prohibition of cannabis would offer multiple benefits. Legalization would help transform the marijuana industry … into a stable regulated one. It would significantly reduce infringements on civil liberties and lower the arrest and incarceration rates of people of color. Changing the criminal status of marijuana would lower the costs of law enforcement and protect people from entering the criminal justice system. Finally, legalization would remove restrictions currently impeding [the] study of medical marijuana and allow more users to acquire treatment if necessary. Each of these goals is consistent with sound economic, criminal justice, and public health policies.”
The authors of the report recommend rescheduling cannabis from its present Schedule I illicit classification, revisiting the United State’s involvement in international drug control treaties, and ending the practice of civil asset forfeiture by law enforcement agencies. The report also call for the passage of additional statewide legislative and initiative efforts depenalizing marijuana use and possession.
Full text of the report, “High Crimes: Strategies to Further Marijuana Legalization Initiatives,” appears online here.
Members of Congress reintroduced legislation this week to protect state-authorized medical marijuana patients from federal prosecution.
House Bill 689, the States’ Medical Marijuana Patient Protection Act, would ensure that medical cannabis patients in states that have approved its use will no longer have to fear arrest or prosecution from federal law enforcement agencies. It states, “No provision of the Controlled Substances Act shall prohibit or otherwise restrict in a State in which marijuana may be prescribed or recommended by a physician for medical use under applicable State law.”
The measure also calls for the federal government to reclassify cannabis so that it is no longer categorized as a Schedule I prohibited substance with no accepted medical use and a high potential for abuse. It states: “Not later than one year after the date of enactment of this Act, the Administrator of the Drug Enforcement Administration shall, based upon the recommendation under paragraph (1), issue a notice of proposed rulemaking for the rescheduling of marijuana within the Controlled Substances Act, which shall include a recommendation to list marijuana as other than a Schedule I or Schedule II.”
In January, a three-judge panel for the US Court of Appeals for the District of Columbia denied petitioners request to overturn the Obama administration’s July 2011 rejection of an administrative petition that sought to initiate hearings regarding the reclassification of marijuana under federal law.
Separate federal legislation, House Bill 710: The Truth in Trials Act, which provides an affirmative defense in federal court for defendants whose actions were in compliance with the medical marijuana laws of their state was also reintroduced this week in the US House of Representatives.
Those who wish to contact their member of Congress in support of these federal measures can do so by clicking here.