NORML’s lawsuit against the Obama administration, filed earlier this month, has been dismissed.
I’ve been following this case but not blogging about it. I’m only even blogging about the final ruling (this case was dead before it started) to point one thing out: the courts have yet again explained to cannabis activists how to solve this problem.
The most important part of this ruling comes on page 25:
“Subsequently in Raich I, the Supreme Court found that a patient’s reliance on a physician’s recommendation, even if sanctioned under the Compassionate Use Act, in fact, by characterizing marijuana as a Schedule I drug, Congress expressly found that the drug has Id. (emphasis in original). Thus, this Court expresses no view as to whether medical marijuana is effective in ameliorating pain or discomfort for some patients.”
As long as marijuana is in Schedule I at the federal level, lawsuits like NORML’s or Montgomery Sibley’s are going to be stopped by Schedule I classification. The only way to solve this issue is to do what Iowa is doing (sue the state for failure to reclassify marijuana, THEN sue the federal government to take it out of schedule I).
That’s how the process works. Use the process, and stand up for your rights.
Until that argument is made in court, I’ll continue to blog about medical marijuana cases and news that you won’t find on other cannabis blogs. Follow WeedPress on Facebook for more coverage on marijuana law reform from Iowa. I’ll have a step by step breakdown of the court’s decision in my next post.