Court refuses to reject suit challenging marijuana’s listing as Schedule 1 drug

A lawsuit challenging marijuana’s federal classification as a Schedule 1 drug under the Controlled Substances Act remains alive after a federal appeals court denied the U.S. Drug Enforcement Administration’s request to dismiss the suit.

The lawsuit, filed in May by a group of scientists and veterans, is part of an effort to claim that such a designation is unconstitutional based on marijuana’s possible medical use.

Plaintiffs in a separate suit recently filed a petition with the U.S. Supreme Court on the issue.

The cases, if plaintiffs prevail, could have enormous implications on the legalization of marijuana federally, perhaps compelling the DEA to reschedule the plant.

But the conventional wisdom is that it’s more likely that the U.S. Congress eventually will either reschedule or deschedule marijuana.

The one-page order from 9th Circuit Court of Appeals in San Francisco called for parties to submit briefs later this fall.

Separately, congressional lawmakers have been pushing for months for the DEA to issue additional marijuana cultivation licenses for research purposes.

The DEA has said it needs time to implement proper policies for the research program.

A 2018 U.S. Department of Justice legal memo suggests the research program failed to expand because the DOJ believes previous program rules might have violated international drug laws.

The DOJ counsel concluded that the DEA should physically possess and control the distribution of marijuana, since it’s federally illegal.

Instead, marijuana has been shipped directly to researchers from a cultivation center at the University of Mississippi, the DEA’s sole licensed grower.

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4 comments on “Court refuses to reject suit challenging marijuana’s listing as Schedule 1 drug
  1. C. Wood on

    It’s time to recognize the incredible options this NATURAL PLANT has to offer, and continue studying all the MEDICAL benefits it presents! State & Federal revenue from decriminalization would be a huge financial boon & promoting the educational aspects have proven many positive outcomes from an alternative to the opioid crisis, to the remedies available for PTSD for Vets.
    REEFER MADNESS is just a movie!

    • Darlene on

      What can we, Law-abiding American Citizens who vote, and who need this legalized so we can have a better quality of life, do to help? We live in Mississippi. It’s on the ballot Nov 3rd. I’m trying so hard to open people’s eyes to the truth of marijuana. But, they’ve been so indoctrinated by government lies, ads, and propaganda, we fear it may not pass. My husband and I have chronic medical issues. I am on around 2p prescription medications. They all have horrible side effects. I just want to get off these meds I’ve been on, since my wreck in 1999, and get my life back. If you can help us, we would sure welcome it. We NEED this passed next month. Our Governor, Lt Governor, and other politicians are against it. I’m guessing due to lobbying money from Big Pharma. We’d appreciate any advice or help. Thank you for your time.

  2. Fred on

    This is simply another case of a federal agency doing everything it can to maintain unnecessary and excessive regulation in order to maintain an oversized budget appropriated for a substance, the classification of which is firmly established in fictional b.s.; most specifically, a fictional movie by the name of Reefer Madness. Also, once the agency’s purview over marijuana is diminished, the stage will be set for the War on Drugs to end, as that effort has been horribly mismanaged, non-productive and costly on many levels..

  3. Roger Decosta on

    Look up –

    Patent No. 6,630,507

    Government has a Patent on the plant for “Medical” Benefits!

    A large Plate of Hypocrisy here!

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