Cannabis legalization plaintiffs make case, await judge’s ruling

After a roughly three-hour-long hearing in New York on Valentine’s Day, the plaintiffs in a lawsuit attempting to legalize marijuana on a national scale in the United States will have to be patient as they wait to hear if their case will move forward.

U.S. District Court Judge Alvin Hellerstein is expected to decide in the coming weeks whether to grant a motion by the U.S. government to dismiss the case.

The suit argues that the Controlled Substances Act of 1970 is unconstitutional and asks that marijuana be removed from the schedule of controlled narcotics.

The lawsuit was filed in July by a collection of plaintiffs who range from a retired NFL player to a young epileptic girl.

The judge “said on the record that he has a difficult decision to make, but we’re optimistic,” noted Lauren Rudick, an attorney for the plaintiffs.

Rudick attributed her optimism, in part, to the fact the judge “made a finding of fact that there really can be no legitimate debate with respect to the medical efficacy of cannabis” when it comes to several of the plaintiffs.

“This is a judge that recognizes that cannabis is medicine, and that was really important,” Rudick said.

“I’m not sure if that’s ever happened in a federal court.”

– Associated Press and Marijuana Business Daily

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10 comments on “Cannabis legalization plaintiffs make case, await judge’s ruling
  1. steve on

    Marijuana has always been a natural medicine. In all aspects it is safer than Big Tobacco and Alcohol..The truth is out. Americans have been lied to by Big Pharm, doctors,lawmakers and politicians for too long.For all the victims of cancer and man made drugs – do the right thing for once….

    • Ma Dang on

      It’s NOT Marijuana, it’s Cannabis. Marijuana is a made up word by the US government in an attempt to make it sound foreign and associated with minorities and neirdwells in the ill fated war on drugs.
      Don’t continue that sherad, please.

  2. steve on

    Stop the lies = the truth is out. Too many victims of man made medicines, cancers, etc. today.
    Marijuana has always been safer than Big Tobacco and alcohol. And it has proven itself to be a natural medicine. You can be part of the problem or be a hero in respects to the cure..

  3. Lawrence Goodwin on

    Thank you for the updates, Marijuana Business Daily, regarding this crucial case. I hope the judge’s decision ties in nicely with what is occurring in the U.S. Senate Judiciary Committee and the “criminal justice reform” being considered by Chairman Sen. Chuck Grassley of Iowa (a stubborn ‘grass’ hater for a long time). If the judge in this case rules in favor of plaintiffs, that momentous occasion would give Grassley a rock-solid reason to finally remove the fraudulent word “marihuana” from the Controlled Substances Act—which is exactly what NJ Sen. Cory Booker is proposing to do with legislation pending in that same committee, called the Marijuana Justice Act.

      • Lawrence Goodwin on

        I trust Cassandra Farrington and Chris Walsh know how to manage this most reliable news source, Ma Dang.

        I also truly love Mexico and its people. I once visited there for a month and literally smoked every morning with a volcano! A century ago some amigos were so witty to put the lady names “Mary” and “Jane” together in a slang word (“marijuana”) as an easier way to say the seedless, female flowers of “las plantas de cañamo,” or cannabis plants. I hold no grudge against them for being so creative.

        As always, my gripe is rightly north of the border, with thousands of men in positions of power at the federal, state and local levels, who remain hellbent on suppressing vibrant cannabis markets in the United States (Lighten up, AG Jeff Sessions, and let us help you abolish your appalling ignorance and your totally unpatriotic arrogance). The AG and all these other men are only able to bludgeon us more with a fraudulent legal term—”marihuana,” as spelled in both federal and state laws—because it STILL remains in full effect. It’s just more of the exact same tyranny that was imposed on our society 81 years ago (April 1937) by one heartless bureaucrat and a small group of his collaborators in the U.S. Congress.

        Sure, we should expect media professionals who cover the restoration of U.S. cannabis markets to be more precise in their terminology. Yet such things simply won’t change until the Schedule I “marihuana” sham is repealed, at last.

  4. Sean R. Steele on

    Oh, but does the truth matter to self-centered, poll chasing millionaire politicians or to the lobbyists who pay for the steak dinners?

    Medicine is science but governments are political

    Do some research (a quick search engine query will do) and see how much money big tobacco, alcohol and pharma spend on lobbying initiatives. Democracy is once every couple of years and in between we have elected dictators. When was that last time you heard the term “the people’s agenda” when the politicos talk?

    Big problem in my eyes is that big tobacco and the alcohol conglomerates are flush with cash from our vices and big pharma has money galore from their “philanthropic” desire to see all of humanity healthy and on some sort of synthetic medication to keep them so. They can all easily move the cash over to cannabis once public opinion becomes clear enough to them. It will be the old “If you can’t beat them, join them”, except it will be “If you can’t beat them, squeeze them out.”

    Plenty of great info online or at the bookstores about taking charge of your own wellness.

    Gardening is good.

  5. al simon on

    The FDA and DEA are now coming after kratom a natural botanical being used as a pain killer among, other things, by millions of people in the USA and around the world. They know they are losing the marijuana battle and they are using the same lies and false science against Kratom to stop any objective scientific research. The same tactics they used for cannabis for years. We should join with the Kratom indusry fo fight this new illegal power grab to make Kratom a class 1 drug . I predict that if they get away with this outrageous attempt to stifle Kratom they will find a way to keep coming after us. We are to big a cash cow for the DEA and the FDA to let us be free from their clutches.

  6. carl on

    all human brains endo-cannabinoid systems use cannabidiols – CBD’s – created in brain and body together with plant based CBD’s from cannabis sativa.. this is todays,, understanding..

    our endo-cannabinoid and CBD system are responsible for and involved in many therapeutic management responses including [eg] pain, seizures, immune system, etc, ie; long known real therapeutic effects.. this natural god given herb must be criminalised,, artificially added to the highest poisons schedule,, and users treated as criminals…
    there are massive profits at stake here..
    big pharma, big tobacco, big alcohol, big private prisons,, stand to lose millions to this natural
    real medicine, used by humans for thousands of years, including for the same uses as have been demonstrated today – by our understandings of our brains endo-cannabinoid system..

    unless, of course, the society is a democracy, with a constitution, and respect for human rights..
    then there would be no option than to remove cannabis from its artificial inclusion in schedule 1..
    falsely included based on laymans wrong assumption long long ago..

    prohibition creates, corruption..
    just as prohibition of alcohol created mafia style criminal organisations,, so prohibition of cannabis has created blackmarket drug cartels and others
    sucking untold millions untaxed from usa economy
    while deliberately corrupting decisionmakers,
    law enforcement and the justice system..

    the only viewpoint for this corruption of individuals and systems intended to protect individual liberty
    and rights of citizens thru the constitution, is today,
    and todays understandings..

    not thru conditioned old brains incapable of seeing
    todays reality thru the confusion of old falshoods
    and deliberate brainwashing [‘marijuana madness’]..

    canada on usa border, along with other societies,
    have begun the process of normalising outdated wrong misclassifications of cannabis as if heroin..

    this is a multi-billion dollar legal therapeutic industry in its taxation resource alone..
    already demonstrated in colorado etc..

    ‘marijuana’ is a made up name, emphasised by those seeking to make it ‘foreign’ as part of their
    deliberate racist propaganda and intentions..
    still, it has become part of ‘NORML’ and other uses
    folk have become used to..
    and yet, there are other words which have also been changed from old racist derogatory names..
    cannabis comes from cannabis sativa, the plant
    which is thus the real name of/for cannabis..

    whats in a name she said..
    when its linked with wrong and false ideas,, rather than correct and positive idea, theres no doubt which name is correct and right..
    same as our brains endo-cannabinoid system..

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