DEA Denies Rescheduling Petition

[Tony Aroma]

If there was any doubt that Obama wants to wipe out medical marijuana and punish anyone who is even remotely involved with marijuana in any capacity, this should settle things. All those people talking about "loopholes" in the recent Justice Department memo need to get a grip. There are no loopholes, ambiguities, nor any room for confusion anymore.

Just as I predicted (I must have ESP), after 9 years of review, the DEA has decided marijuana will remain a Schedule 1 controlled substance. Period. End of discussion. And as such, the DEA will do everything in its power to destroy its users. Surely no one can deny the clarity of the federal government's message.

If you want to read the DEA's decision in its entirety, here it is:

Denial of Petition To Initiate Proceedings To Reschedule Marijuana; Proposed Rule

Here's the gist of it:

June 21, 2011.
Dear Mr. Kennedy:

On October 9, 2002, you petitioned the Drug Enforcement Administration (DEA) to initiate rulemaking proceedings under the rescheduling provisions of the Controlled Substances Act (CSA). Specifically, you petitioned DEA to have marijuana removed from schedule I of the CSA and rescheduled as cannabis in schedule III, IV or V...

In accordance with the CSA rescheduling provisions, after gathering the necessary data, DEA requested a scientific and medical evaluation and scheduling recommendation from the Department of Health and Human Services (DHHS). DHHS concluded that marijuana has a high potential for abuse, has no accepted medical use in the United States, and lacks an acceptable level of safety for use even under medical supervision. Therefore, DHHS recommended that marijuana remain in schedule I.

Coincidentally, this response was published the day after the Justice Department's memo. Obviously, all the feds are on the same page when it comes to cannabis. It's illegal and it's going to stay that way.

 

[Zen Master]

wow. just wow.

 

[vta]

Just as I predicted (I must have ESP), after 9 years of review, the DEA has decided marijuana will remain a Schedule 1 controlled substance. Period. End of discussion. And as such, the DEA will do everything in its power to destroy its users. Surely no one can deny the clarity of the federal government's message.

This is the result of a lawsuit filed by ASA, Americans for safe access. This was pretty much expected but something else is happening here...Since the DEA rejected the petition ASA is going to appeal. This means that we get our day in court! This puts the DEA on trial to prove their claims while we prove cannabis does have medical value.

So this whole time cannabis has been schedule 1...the DEA claiming there are no studies to prove it's medical value....well we all know there is proof of it's value, not to mention the major medical associations want it rescheduled. I think this is great news!

https://www.icmag.com/ic/showthread.php?t=216664

 

[Grendelkhan]

The Feds control the courts. If they don't want for something to fly then they will put this case in front of a friendly judge or the judges will simply decide not to hear the case. Remember that 2+2=5.

 

[BerndV]

The following quote perfectly summarizes the profound sophistry in this report:

"DHHS concluded that marijuana has a high potential for abuse, has no accepted medical use in the United States, and lacks an acceptable level of safety for use even under medical supervision."

"A high potential for abuse", "lacks an acceptable level of safety"; this is simply unbelievable!! We all know that cannabis is safer and has less potential for abuse than virtually any prescription pharmaceutical. Booze and cigarettes are legal and cannabis is to remain a schedule 1 drug. I am going to pop a vein in my forehead just thinking about the insanity that masquerades as reason in our federal government.

 

[northstate]

Yeah...Thanks Tony Aroma for putting this up and showing everybody just what it looks like to be a criminal in plain sight while ignoring the peoples wishes. Bunch -o- bullshit and lets just keep sowing the seeds of wisdom around the planet! NS

 

[Tony Aroma]

This is the result of a lawsuit filed by ASA, Americans for safe access. This was pretty much expected but something else is happening here...Since the DEA rejected the petition ASA is going to appeal. This means that we get our day in court!

I wouldn't get too excited about that. Losing in court won't affect the DEA's position. They've lost in court before, and things haven't changed. In 1988, the DEA's own Administrative Law Judge ruled in favor of a petition to reschedule marijauana (here's the decision). The ruling found that marijuana was safe for use under medical supervision, thus negating one of the three criteria for remaining in schedule 1. And in what schedule is marijuana currently? Anybody? That's right, still in schedule 1.

I predict it will be deja vu all over again. Here's what will happen: The ASA files a new lawsuit. It drags on for years. During that period, nothing changes in the federal position on marijuana. Finally, the court rules against the DEA and in favor of rescheduling. The DEA ignores their decision. With no way to enforce the court's decision against the DEA (they answer to no one but the president), nothing changes in the federal position on marijuana.

Bottom line: I think we may achieve legalization or rescheduling via other means, but not by petitioning or suing the DEA.

 

[MIway]

The Feds control the courts. If they don't want for something to fly then they will put this case in front of a friendly judge or the judges will simply decide not to hear the case. Remember that 2+2=5.

But remember, if we borrow 5 more, then 5+5=12, so now we have 15 to spend... ;-) the rock can bleed the difference.



Here's an older article regarding the AMA...

http://www.cbsnews.com/8301-503544_162-5614233-503544.html

The American Medical Association on Tuesday adopted a resolution calling for the government to review its classification of marijuana, in order to ease the way for more research into the use of medical marijuana.

While the AMA, the largest physician's organization in the U.S., explicitly states it does not endorse any current state-based medical marijuana programs or the legalization of marijuana, the move is a significant shift that continues a trend toward support for easing restrictions against the drug.

"Our American Medical Association (AMA) urges that marijuana's status as a federal Schedule I controlled substance be reviewed with the goal of facilitating the conduct of clinical research and development of cannabinoid-based medicines," the AMA's statement (PDF) reads. "This should not be viewed as an endorsement of state-based medical cannabis programs, the legalization of marijuana, or that scientific evidence on the therapeutic use of cannabis meets the current standards for a prescription drug product."

Marijuana is currently classified by the federal government as a "Schedule I" controlled substance, the most restrictive of five categories. Schedule I substances are considered to have a high potential for abuse, no accepted medical use and a lack of accepted safety for use of the drug. Other drugs in that category include heroin, LSD and PCP. Less restrictive "Schedule II" substances include cocaine and methamphetamine.

Previously, the AMA recommended marijuana remain a Schedule I controlled substance, but it now believes the substance deserves more clinical research.

CBSNews.com Special Report: Marijuana Nation

"Despite more than 30 years of clinical research, only a small number of randomized, controlled trials have been conducted on smoked cannabis," Dr. Edward Langston, an AMA board member, told the Los Angeles Times. Limited studies, he said, are "insufficient to satisfy the current standards for a prescription drug product."

The White House drug czar's office gave a muted response to the AMA's recommendation, the LA Times reports, saying it would defer to "the FDA's judgment that the raw marijuana plant cannot meet the standards for identity, strength, quality, purity, packaging and labeling required of medicine."

While the Obama administration opposes legalization of marijuana, the Justice Department last month announced it would no longer pursue prosecution for state-sanctioned medical marijuana sales. As many as 13 states now allow the use of medical marijuana.

The debate over whether to legalize marijuana all together seems to be gaining steam. A Gallup poll last month showed a record 44 percent of Americans now support legalizing marijuana. Meanwhile, California residents may get to vote on a 2010 ballot measure to legalize the drug in the state.

 

[pearlemae]

It's all about the money. Watched Ethan Nadelman of the Drug Policy Alliance on Bill Mahr last night, he said that its all about the money in DEA jobs, prison guard jobs, private prisons for profit all need drug offenders to keep themselves employed and filled, prisoners equal man hours worked for profit. As long as this is allowed to continue weed will always be against the law. There's lots of pot smokers and they are generally safe to bust, so guess who gets to fill the jails, keep the jail guards employed and the DEA who'll keep helping everyone else in the prisons for profit food chain happy. IT'S ALL ABOUT THE MONEY.

 

[guest86120975]

So how long will the appeals process take? Years I would presume.

 

[J4F]

Two sick things brought up in this thread.

1. They STILL try to lie about cannabis.

2. A country whith private prisons i.e. u can invest/benefit on people doing crime.


So sick.

 

[IE2KS_KUSH]

Kush makes loud fart noise and leaves the room.

 

[fabvariousk]

The only right we as citizens have regarding cannabis is the second amendment.
If you are not willing to put these traitors down..do not grow.

 

[budlover123]

..."DHHS concluded that marijuana has a high potential for abuse, has no accepted medical use in the United States, and lacks an acceptable level of safety for use even under medical supervision."

"A high potential for abuse", "lacks an acceptable level of safety"; this is simply unbelievable!! We all know that cannabis is safer and has less potential for abuse than virtually any prescription pharmaceutical. Booze and cigarettes are legal and cannabis is to remain a schedule 1 drug. I am going to pop a vein in my forehead just thinking about the insanity that masquerades as reason in our federal government.

Oh this is exciting, here we are in 2011 listening to these highly over payed idiots tell us why The Controlled Substances Act is and Always was not a crime against humanity in regards to the classification of marijuana.

We can yell at Obama all we want, the truth is, in our best interest he won't be the champion or hero of the marijuana movement against a vast corrupt government that hates marijuana and loves the money marijuana hate generates rather than letting people have goodness that grows on a tree for them. The system of profit off of the misery of weed users, alcohol abusers that would probably drink less if they could hit a nugget now and then instead of their spouse, etc. can't be violently overthrown, we have to do our part to change the public opinion so politicians in the house, senate, and the executive branch know how to vote, that's all.

Sorry yo, If Marie Antoinette had armies with automatic rifles she would have ever seen the guillotine.

 

[AGBeer]

"DHHS concluded that marijuana has a high potential for abuse, has no accepted medical use in the United States, and lacks an acceptable level of safety for use even under medical supervision."

This is my favorite part of their statement.

Nicotine meets this criteria.
Alcohol meets this criteria.
Just about every other infomercial for weight loss and dick hardening that we see on late night TV meets this criteria as well.

Yet NONE of them on on the CSA schedule.
Like its been stated before, its not about whats 'right' its about 'whos left' and whos next'

 

[303hydro]

196..9ish?.... maybe 71 or 72..


Nixon organizes national drug panel.

Marijuana is unanimously recommended for full out legalization.

Nixon buries the report and starts the D.E.A.

 

[accessndx]

Too bad much smarter people than I with legal muscle don't sue the President for malpractice. It's not impossible, and since he's virtually the CEO of the country he's liable for bad decisions. Due to the fact that the DEA answers only to him, and he answers to the country....AND the fact that there are so many folks chapped about his inaction or deliberate silence on the matters of MMJ......someone needs to slap him with a class action suit. That'll make national news at the very least. Surprised NORML hasn't pulled that rabbit out their hat yet.

 

[DiscoBiscuit]

This is the result of a lawsuit filed by ASA, Americans for safe access. This was pretty much expected but something else is happening here...Since the DEA rejected the petition ASA is going to appeal. This means that we get our day in court! This puts the DEA on trial to prove their claims while we prove cannabis does have medical value.

So this whole time cannabis has been schedule 1...the DEA claiming there are no studies to prove it's medical value....well we all know there is proof of it's value, not to mention the major medical associations want it rescheduled. I think this is great news!

https://www.icmag.com/ic/showthread.php?t=216664

I read this was the third appeal. I think one was '72 and the second ~2000. I also read that ASA was somewhat expecting the ruling and just wanted the feds to act so the 4th appeal can move forward.

I'm with Tony, suing the DEA isn't the way to go. But it's all we've got until enough people (including a substantial number of non-users) keep political pressure on the issue.

Non-users aren't going to act until they're tired of revenues being squandered on arrests and incarcerations. This won't happen until schools, fire departments and other public services are significantly dropped in favor of the prison system.

Private prison industry has the money and the lobby to all but guarantee profitability. IMO, this is an x factor in that private prisons can somewhat fund their own operations, not to mention assisting the elections of sympathetic lawmakers. There are many small communities where prison is the major employer. This special interest transcends the whole police-state bit. Along with all the zealots, sane and rational communities will fight mj reform.

The suffrage movement ushered in alcohol prohibition repeal. National women' organizations kept reform and other issues of the day on the national, political stage. IMO, it's going to take more of a national movement than the folks who partake.

 

[Tony Aroma]

I'm no lawyer, but a couple of things occurred to me regarding the DEA having control over the classification of controlled substances.

The first is the obvious conflict of interest. The DEA makes the laws that the DEA enforces. The DEA's entire raison d'être is to enforce laws against Schedule 1 controlled substances. So there is zero incentive for the DEA to remove any substance from Schedule 1 as that would impact their bottom line. Especially since they don't have to answer to anyone for their decisions or behavior.

Second, since when are non-elected officials permitted to make laws? I thought legislation was the province of the legislative branch of our government. Michele Leonhart was appointed by the president, as was the Attorney General. When did we start giving presidential appointees the power to make decisions that affect the laws of the land?

Seems to me, not being a lawyer, that either of these would be more productive grounds for a lawsuit than trying to win the DEA over with facts and science. Especially since it's been well established that science has nothing whatsoever to do with drug policy.

 

[igrowone]

this may sound like business as usual, and it is as far as the DEA is concerned
but i looked over the comments on msnbc on this decision
there were too many comments to read them all, but i did not see 1 pro DEA statement, not 1
so the corrupt bureaucracy is still corrupt(big surprise), but the situation is not the same as it was 10 years ago
most people(and i mean the average person) just don't buy the DEA crap anymore, and that is what will eventually cause change