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D.C. Circuit Denies Medical Marijuana Reclassification Challenge

Tony Aroma

Tony Aroma

Let's Go - Two Smokes!
Veteran
Bummer! But not surprising.

Americans for Safe Access will seek En Banc review, continue fight to develop public health policy
Washington, DC

The United States Court of Appeals for the D.C. Circuit issued a ruling today in the medical marijuana reclassification case, Americans for Safe Access v. Drug Enforcement Administration. In a 2-1 decision, the Court granted standing in the case — the right to bring a claim against the federal government — but denied the legal challenge on the merits, agreeing with the government’s assertion that “adequate and well-controlled studies” on the medical efficacy of marijuana do not exist.

“To deny that sufficient evidence is lacking on the medical efficacy of marijuana is to ignore a mountain of well-documented studies that conclude otherwise,” said Joe Elford, Chief Counsel with Americans for Safe Access (ASA), the country’s leading medical marijuana advocacy organization, which appealed the denial of the rescheduling petition in January of last year. “The Court has unfortunately agreed with the Obama Administration’s unreasonably raised bar on what qualifies as an ‘adequate and well-controlled’ study, thereby continuing their game of ‘Gotcha.’”

ASA intends to seek En Banc review by the full D.C. Circuit and,necessary, the organization will appeal to the U.S. Supreme Court. ASA intends to argue that the Obama Administration has acted arbitrarily and capriciously by using continually changing standards of “medical efficacy” in order to maintain marijuana as a Schedule I substance, a dangerous drug with no medical value. The government now contends that Stage II and III clinical trials are necessary to show efficacy, while ASA has consistently argued that the more than 200 peer-reviewed studies cited in the legal briefs adequately meet this standard.

In 2002, the Coalition for Rescheduling Cannabis, made up of several individuals and organizations including ASA, filed a petition to reclassify marijuana for medical use. That petition was denied in July 2011, after ASA sued the Obama Administration for unreasonable delaying the answer. The appeal to the D.C. Circuit was the first time in nearly 20 years that a federal court has reviewed the issue of whether adequate scientific evidence exists to reclassify marijuana.

“The Obama Administration’s legal efforts will keep marijuana out of reach for millions of qualified patients who would benefit from its use,” continued Elford. “It’s time for President Obama to change his harmful policy with regard to medical marijuana and treat this as a public health issue, something entirely within the capability and authority of the executive office.”

Patient advocates claim that marijuana is treated unlike any other controlled substance and that politics have dominated over medical science on this issue. Advocates point to a research approval process for marijuana, controlled by the National Institute on Drug Abuse (NIDA), which is unique, overly rigorous, and hinders meaningful therapeutic research. ASA argues in its appeal brief that the DEA has no “license to apply different criteria to marijuana than to other drugs, ignore critical scientific data, misrepresent social science research, or rely upon unsubstantiated assumptions, as the DEA has done in this case.”

ASA will continue to put pressure on the Obama Administration, but will also be lobbying Members of Congress to reclassify marijuana for medical use. A new comprehensive public health bill on medical marijuana is expected to be introduced soon in Congress, and ASA is holding a national conference in February to support its passage.

Further information:
Today’s D.C. Circuit decision: http://AmericansForSafeAccess.org/downloads/DC_Circuit_Ruling_ASA_v_DEA.pdf
ASA appeal brief: http://AmericansForSafeAccess.org/downloads/CRC_Appeal.pdf
CRC rescheduling petition: http://www.drugscience.org/PDF/Petition_Final_2002.pdf
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http://www.theweedblog.com/d-c-circ...sification-challenge-advocates-vow-to-appeal/
 
trichrider

trichrider

Kiss My Ring
Veteran
kick the can clowns. pathetic representation of protection (for us).

they are isolated from intelligence.

fuck em.
 
Tony Aroma

Tony Aroma

Let's Go - Two Smokes!
Veteran
Interesting that this is a DC Circuit Court, and DC has medical marijuana.

Also, I thought you had to satisfy ALL THREE criteria to be a Schedule 1 controlled substance: no accepted medical use, no safe level of use, AND high potential for abuse.
 
Hash Zeppelin

Hash Zeppelin

Ski Bum Rodeo Clown
Premium user
ICMag Donor
Veteran
^It does meet all three in their eyes because their only knowledge of cannabis comes from the movie reefer madness. these people are old and ignorant as fuck and they will just die soon. be patient.
 
maryjaneismyfre

maryjaneismyfre

Well-known member
Veteran
It is my right to do with my body whatever I want unless I am harming you or others. If some don't agree FUKEM :) Fuck em..

Well said trichrider.. As someone once said, the debate about cannabis is long over..it is now just a circus. The clowns are in full force.
 
stihgnobevoli

stihgnobevoli

Active member
Veteran
Tony Aroma said:
ASA will continue to put pressure on the Obama Administration, but will also be lobbying Members of Congress to reclassify marijuana for medical use. A new comprehensive public health bill on medical marijuana is expected to be introduced soon in Congress, and ASA is holding a national conference in February to support its passage.
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you guys catch that doublespeak?
 
bigdaddyc9

bigdaddyc9

Member
All these old fucks need to die,now.POS every frigging one of them.If this werent so tragic it would be funny stupid.I hate the USA with all my heart..civil disobedience time...
 
LayedBack

LayedBack

Member
MelloYello said:
Supreme Court. Listen to the Wisemen.

Cannabis..umm, I mean marijuana DANGEROUS. Stop using immediately!!!!!

Please use Morphine, Fentynal, Demerol, Oxycontin or Dilaudid for pain.

Xanax, clonipine for anxiety.

Please consult PDR for whatever ails you.
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Hey now, most of the medications you listed literally save people's lives and make them bearable. 100 million Americans are in constant unrelenting chronic pain, and the truth of the matter is for most cannabis does not actually relieve their pain physically, it only helps mentally. Just sayin', don't knock such important medications. Us CPers catch enough flack from the DEA pigs and the medical community and the medias biased ignorance and quite frankly we don't need to hear that sort of nonsense on a cannabis friendly discussion board.

Anyways I'm sure another opportunity to reclassify cannabis will come around eventually.
 
C

clips

Member
they wont allow it to be legal why thy hold patent on it , infact their intending to lease a licence out to highest bidder ... crooked through n out .. in comng years we will most likely see lawsuits brought against many companies starting out right now . they will try n steal any profits made with out rights to said patent

The United States of America as represented by the Department of Health and Human Services

Patent 6630507 Issued on October 7, 2003. Estimated Expiration Date: Icon_subject February 2, 2021.
 
devilgoob

devilgoob

Active member
Veteran
Not to mention they enjoy alcohol they tax. They enjoy they cigarettes and tobacco they tax. They have lottery system and sell gambling. They get paid 5 times the amount as we do to make choices on how to spend our money, that if it were withheld technically they have your money and that is capital with which they can earn internet.

They tax everything.

Laws are on whim now. They are passed really fast and conflict with other laws.

Laws do not free us.

Oh yea, and the DHHS has the patent as said. It's a neuroprotective. I don't know how you can patent something nature/God made. That's like saying I can patent the fucking Sun's fusion or some shit. SERIOUSLY!

They also had 3 terminally ill patients in a Federal Program. It was the..something program. I smoked some hash. Uh. Compassionate use. There. Anyway did you see the tin these marihuana cigarettes came in? NO. YOU DIDNT 'cause we're not free.

Ely-Musikka-Cannabis2.jpg
 
M

MrSterling

Mello, It's not nonsense. Cannabis doesn't stop pain in the way morphine or other drugs do. The pain is still there with cannabis, even if cannabis alleviates the mental preoccupation with the pain. For many people in chronic debilitating pain there is a place for both cannabis AND other drugs. You cover the full spectrum. Dude above was making sensible suggestions and it sounds like you shot him down without understanding his point.
 
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