Posted on 11/04/2017 10:01:41 PM PDT by free_life
For the very first time in history the United States Government will have to answer to the judiciary about the scheduling of cannabis and its unconstitutionality. Jeff Sessions, the DEA, and the DOJ will all have to stand trial according to the judge overseeing their case. This is the first time that a trial to legalize cannabis has proceeded past the normal attempts at dismissal. All of the defendants will have to get recorded depositions. This is great news for the plaintiffs in the case which include Army combat veteran, Jose Belen, former NFL player Marvin Washington, 11 year old Alexiss Bortell who uses cannabis to treat her epilepsy, Jagger Cotte. The developments are also welcome news for cannabis advocates around the country. If this lawsuit is successful, it would mean the scheduling of cannabis will be ruled unconstitutional and completely de scheduled federally. Some of the best quotes from the 80+ page filing in federal court can be found below.
Despite the relatively recent stigmatization of cannabis in the United States as a supposed ‘gateway drug’ used primarily by ‘hippies’ and minorities, there is a long and rich history of people from virtually every part of the world using cannabis for medical, industrial, spiritual, and recreational purposes,” the suit reads. “Indeed, those who have cultivated, encouraged the cultivation of, and/or used cannabis include, George Washington, Thomas Jefferson, John Adams, James Madison, James Monroe, Abraham Lincoln, John F. Kennedy, Jimmy Carter, Bill Clinton, and Barack Obama — an assortment of the most intelligent and accomplished statesmen in American history.”
Jose’s treatment providers at the Veterans Administration informed Jose that they are unable to prescribe medical cannabis because it is illegal under the CSA,” reads the suit, referring to Belen, the military veteran.
“We are seeking a ‘declaration’ to that effect, and also a permanent injunction restraining enforcement of the CSA as written, as it pertains to cannabis,” said Lauren Rudick, one of the plaintiffs attorneys. “The classification of cannabis as a Schedule I drug deprives individuals of basic constitutional rights, including Due Process and the fundamental right to travel. Some of these individuals, such as Alexis Bortell and Jagger Cotte (both plaintiffs in the action) are patients who seek cannabis as a means of life-saving medication. The government has a federal patent on cannabis, and has recognized the medical efficacy of cannabis in a variety of ways, yet Sessions is trying to reverse policy on cannabis use and contend that it has no medical use. It’s hypocritical.”
One thing is for sure, Jeff Sessions and the federal government will not go down without a fight.
Our neighbors to the north in Canada only had their rights recognized after challenging medical marijuana as a right through the courts. It appears this is how the Jeff Sessions legacy is about to be written. Instead of doing the right thing, his Justice Department will be forced to recognize the rights through the court system.
“Jeff Sessions, the DEA, and the DOJ will all have to stand trial according to the judge overseeing their case.”
The author should probably have waited to do the second bowl until after he finished writing this article.
I know several straight folks using Marijauna but not the type that gets you high... the low THC, high CBD type made into oil.
One friend has always had Epilepsy and now gets near perfect relief. Others I know use for muscle, joint pain.
Remnds me of water. Too much you drown. Used right Megh, might be ok
I’ll wait for a day or so, before I believe another strange and negative story about Sessions.
I got pulled into it last night, with Fake News saying that Sessions has ‘recused himself’ from any Uranium Deal investigation.
“:I am not in favor of full legalization of marijuana. But I have thought for a long time now that classifying marijuana as a Schedule 1 drug was preposterous.”
For the record, I am about as anti-recreational drug use a person as can be found. Last year, at my wife’s insistence, since she suffers greatly from back pain asked me to attend a discussion on the medicinal uses of the various constituent compounds contained in Cannabis. The people who put on the program were both medical and non-medical people, and there was nothing in their presentation that dealt with smoking marijuana. One of the presenters had long-term issues with remaining a functional person in the face of MS. Now five years later, using tinctures of several of those constituent compounds, and finding out the correct amounts she needed to counteract the effects of the disease, she has managed to craft a protocol that allows her to be completely functional and without pain.
It’s way past time that this sort of medicine is kept from the public. Why people who are treating pain and several kinds of diseases that respond favorably to the compounds contained in Cannabis because of “government interference” is a disgrace. So much to say, there is a lot more to Cannabis than a bunch of wierdies using it to get high. I end up being of the opinion that “The War on Drugs” is something that is largely perpetuated by law enforcement as a means of getting “full employment,” seizure money, and other forfeitures.
The person who wrote this story has obviously moved on to stronger hallucinogens... and a lot of them.
The legal reality: DOJ will defend against another BS lawsuit brought by crazy druggies and the lawyer who will make a lot of money chasing their drug-induced dreams.
A deposition is NOT a trial. It is part of Discovery. I think the author of this article has been hitting the Maryjane bong too much.
I’m not opposed to a new look at Medical Marijuana and how it should be classified, but if you do any research on car accidents (esp. fatal ones) in urban areas, a lot of drivers have MJ in their blood (and often stronger stuff - Meth, Heroin, Cocaine, etc).
Many things can be good if used properly, but deadly if abused.
I’d prefer not to be a victim of “deadly”.
My son buried two of his wonderful “girl” friends who got drunk one night and sped to their death not far from our house. It has haunted him for years, that he couldn’t have helped them.
That’s a terrible burden to carry when you’re young.
Ludicrous comment. Marijuana is far less destructive than many legal drugs. It is an absurdity that it is illegal.
Many municipalities are treating possession as a tariff ticket and no one is jailed. So that is a nullification of sorts.
Any medical benefits of marijuana come from the TCH, which is already legally available in a carefully measured dose tablet, not some carcinogen-filled weed from a pusher.
It’s call Marinol.
Look it up.
Well put.
I can swear that constitutional protection of the snail darter was next on James Madison’s list of things to do. Lol.
Got bigger fish to fry!
You know crap.
Not to be a stickler for the truth but THCA, CBD, CBC, CBN.
Google them. There appears to be some benefits other than making you high for a lot of conditions. These compounds do not affect cognitive processes. 0 psycoactive effects.
Don’t want the medical weed in my state, but who the F gives you the right to decide for people. If they want legal weed, move. If you don’t want the recreational and just want medical, vote on it. If you don’t want either again vote. Federal government has run amok with this stupid thing. It is a STATES RIGHT THING. Feds, but the F out.
You nany staters turn my gut.
This makes no sense. The FDA controls drugs in the US. FDA regulations come from Federal law. How does suing the DOJ and the DEA affect the FDA and Congress?
“Liberals need to be careful if they start pulling at the 10th Amendment block in the Jenga game of Arbitrary government ... because it does NOT stop at weed but will fell all of progressivism itself if pulled hard enough!”
That pesky 10th Amendment. The bane of liberals and big government faux conservatives.
“I think Article 3 of the constitution says “cannabis shall not be scheduled”. I could be wrong but that might be the judge’s read.”
Which section of the Constitution do you think authorizes fedgov to override state marijuana laws?
I love how they include the founders that raised “cannabis” for hemp used in production of rope and was essential in developing our industry.
Put your finger on the part of the Constitution granting Congress the authority to tell you what vegetables you're allowed to grow, eat, smoke, or walk around with.
The power to regulate marijuana belongs to the states, and to the states alone. That part is right there in the most important Article of the Bill of Rights: Amendment X.
This isn't an argument that was settled in 1865, either. Before 1936, we understood this, and required a Constitutional Amendment to ban the sale, manufacture, importation or consumption of alcohol. Before that, states could regulate alcohol and other consumables, and did so. Legally.
There is no warrant whatsoever in the US Constitution for Congress to make laws regulating vegetables.
I guess I should have included a sarcasm tag. I was just making up an imaginary provision in the constitution to say that many judges in our era will see whatever THEY want to see in the constitution. And that’s a fact, Jack....ahhh...I mean Fred.
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