Federal Court Denies Lawsuit Claiming Marijuana's Medical Benefits

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http://www.alternet.org/drugs/federal-court-denies-lawsuit-claiming-marijuanas-medical-benefits



Preserving the main legal barrier to medical marijuana, a federal appeals court on Jan. 22 rejected a lawsuit intended to force the Drug Enforcement Administration to move marijuana out of Schedule I, the federal law that classifies marijuana as a dangerous drug with no valid medical use.

The U.S. Court of Appeals for the District of Columbia Circuit ruled 2-1 that the medical-marijuana advocates who filed the suit—Americans for Safe Access, a California-based patient-advocacy group; the Coalition to Reschedule Cannabis, Patients Out of Time, and four individual medical users, including Air Force veteran Michael Krawitz—had not proved that the DEA’s decision to keep marijuana in Schedule I was “arbitrary and capricious.” The court held that marijuana had failed to meet the five standards the DEA sets for drugs to qualify as having a valid medical use.

The court “seemed to defer to the DEA,” by focusing on whether adequate scientific studies had been done to show marijuana’s medical efficacy, says ASA spokesperson Kris Hermes. The plaintiffs’ lawyer, Joe Elford of San Francisco, says the court didn't close off the possibility that future studies will show its efficacy more conclusively. They plan to appeal the decision, first to the full 13 judges of the D.C. Circuit, and then to the Supreme Court if they lose.

The dissenting judge said the court should not consider the case because none of the plaintiffs had legal standing to file a suit. The majority held that Krawitz did, because he had been forced to pay for an outside doctor after the Veterans Health Administration refused to prescribe him painkillers unless he signed a contract agreeing not to use marijuana. Krawitz, who has had surgery 13 times since he was seriously injured in a car accident in 1984, says the best relief for his chronic pain is a combination of cannabis and opioid painkillers.

[green for victory]

1. can anyone read anymore? Oakland cites surprise medical pot backer

the federal law that classifies marijuana as a dangerous drug with no valid medical use.

Our rulers must get the biggest kick out of stuff like this. Here they are declaring one thing while taking the candy out of the baby's mouth when no one is looking. I used to get frustrated at those that lied, cheated and stole from the suckers but hey at some point the suckers deserve to be had.

Once in awhile, someone demonstrates that they are paying attention:

Oakland cites surprise medical pot backer
http://www.sfgate.com/default/article/Oakland-cites-surprise-medical-pot-backer-4113767.php

Oakland's latest round in its campaign to save the nation's largest medical marijuana dispensary includes a statement this week from Mayor Jean Quan saying federal prosecutors should back off, and the federal government's own patent application lauding the therapeutic qualities of cannabis.

Cedric Chao, a lawyer for the city, cited a 2003 patent application by the U.S. government that said cannabis compounds are "useful in the treatment and prophylaxis (prevention) of a wide variety of oxidation-associated diseases," including certain types of strokes and immune-system disorders.

Chao quoted another patent application, by two government scientists in 2009, that referred to the "healing properties of Cannabis sativa," or marijuana, that have been "known throughout documented history."

"How can the government credibly deny the benefits of medical cannabis when the government itself is funding cutting-edge research proving the medical benefits of cannabis and seeking patents based on such research?" Chao wrote..."

more>>

reference: US Federal Cannabinoid patent
company awarded first pot patent:Kannalife
Toke of the Town coverage: Cannabinoid Patent Exclusivity Only Applies To One Condition

Federal Medical Marijuana Prisoners and Cases
http://www.canorml.org/costs/federal_medical_marijuana_prisoners_and_cases

[bemildred]

2. Some serious bobbing an weaving in the opinion.

Careers are at stake I suppose, mere facts must not get in the way.