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Schedule I

  • by Paul Armentano, NORML Deputy Director January 26, 2015

    An updated policy statement issued today by the American Academy of Pediatrics (AAP) calls for the rescheduling of the cannabis plant under federal law to better facilitate clinical trial research and to promote the plant’s eventual pharmaceutical development.

    The new position statement resolves: “The AAP strongly supports research and development of pharmaceutical cannabinoids and supports a review of policies promoting research on the medical use of these compounds. The AAP recommends changing marijuana from a Drug Enforcement Administration schedule I (controlled substance) to a Schedule II drug to facilitate this (clinical) research.”

    By definition, schedule I controlled substances are defined as possessing no “accepted medical use.” Clinical protocols involving cannabis are strictly controlled and require authorization from various federal agencies, including DEA, FDA, and the National Institute on Drug Abuse (NIDA) – the latter of which is designated under federal law as the sole provider of cannabis and/or organic cannabinoids for research purposes.

    “A Schedule 1 listing means there’s no medical use or helpful indications, but we know that’s not true because there has been limited evidence showing [marijuana] may be helpful for certain conditions in adults,” said Dr. Seth Ammerman, who co-authored the new policy statement.

    The newly amended AAP resolution also acknowledges that certain types of cannabinoid-therapy may provide benefits to adolescents, particularly those patient populations with treatment-resistant forms of epilepsy and chronic seizures. It states, “The AAP recognizes that marijuana may currently be an option for cannabinoid administration for children with life-limiting or severely debilitating conditions and for whom current therapies are inadequate.”

    Last year the Epilepsy Foundation of America issued a similar resolution, citing preclinical data and observational reports of the potential therapeutic benefit of the cannabinoid cannabidiol (CBD) in pediatric patients and calling for “an end to Drug Enforcement Administration (DEA) restrictions that limit clinical trials and research into medical marijuana for epilepsy.”

    Separate language in the AAP’s position statement also addresses the social use of the plant, affirming, “AAP strongly supports the decriminalization of marijuana use for both minors and young adults and encourages pediatricians to advocate for laws that prevent harsh criminal penalties for possession or use of marijuana.” By contrast, the statement acknowledges the group’s continued opposition to the legalization of marijuana, a policy change that it alleges poses “potential harm to children.”

    Text of the amended AAP position paper is online here. A summary of resolutions issued by other medical and health organizations in regard to patient access to therapeutic cannabis is available on the NORML website here.

  • by Paul Armentano, NORML Deputy Director October 31, 2014

    Federal marijuana hearingUnited States District Judge Kimberly Mueller heard testimony over the course of the past five days in regard to the constitutionality of the federal statute designating marijuana as a Schedule I Controlled Substance. At issue in this evidentiary hearing is whether the scientific literature provides a rational basis for the federal classification of the plant as a substance with “a high potential for abuse,” “no currently accepted medical use,” and a “lack of accepted safety” for use under medical supervision.

    The federal government’s position was articulated in testimony provided by Dr. Bertha Madras, 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.

    Expert witnesses for the defense who testified at the hearing were Dr. Carl Hart, Associate Professor of Psychology in the Department of Psychiatry and Psychology at Columbia University in New York City, retired physician Phillip Denny, Dr. Greg Carter, Medical Director of St. Luke’s Rehabilitation Institute in Spokane, Washington, and marijuana cultivation expert and archivist Chris Conrad.

    Defense counsel for the litigants were NORML Legal Committee members Zenia Gilg of San Francisco and Heather Burke of Nevada City, CA. I assisted attorneys Gilg and Burke as a consultant in the case prior to the hearing and as their principle investigator during the hearing — a point that the federal government’s attorneys insisted on making public on Wednesday by insisting the judge recognize that: “Defense counsels’ investigator is the Deputy Director of NORML; he’s not some ordinary investigator.”

    Representatives from California NORML as well as writer Jeremy Daw of TheLeafOnline were in attendance during the hearing and provide day-by-day coverage of events on their respective websites and at the links below. Dr. Madras was cross-examined both Wednesday afternoon and Thursday morning.

    INTRODUCTION/GENERAL SUMMARY:
    http://theleafonline.com/c/politics/2014/10/whytodayishistoric/

    FRIDAY:
    http://www.canorml.org/news/day_one_testimony_in_Federal_marijuana_rescheduling_hearing.html

    MONDAY:
    http://theleafonline.com/c/politics/2014/10/federal-prosecutors-appear-concede-cannabis-medical-benefits/

    TUESDAY:
    http://theleafonline.com/c/politics/2014/10/norml-feds-agree-benefits-cannabis/

    WEDNESDAY:
    http://theleafonline.com/c/politics/2014/10/medicine-trial-cannabis-scheduling-hearing/

    THURSDAY:
    http://theleafonline.com/c/politics/2014/10/schedule-hearing-concludes-judges-ruling-expected-december/

    A ruling by Judge Mueller is not anticipated until after the first of the year.

  • by Paul Armentano, NORML Deputy Director October 20, 2014

    Marijuana and the LawTestimony 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.

  • by Erik Altieri, NORML Communications Director February 12, 2014

    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.

  • by Paul Armentano, NORML Deputy Director September 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.

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