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, does not alter Congress’ finding that marijuana has no medical value. 545 U.S. at 27. “The CSA designates marijuana as contraband for any purpose; in fact, by characterizing marijuana as a Schedule I drug, Congress expressly found that the drug has no acceptable medical uses.” 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.
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“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, does not alter Congress’ finding that marijuana has no medical value. 545 U.S. at 27. “The CSA designates marijuana as contraband for any purpose; in fact, by characterizing marijuana as a Schedule I drug, Congress expressly found that the drug has no acceptable medical uses.” 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.”
Members of congress find that marijuana has no medicinal value…… Well according to patent # 6630507 held by the United States Government marijuana has all kinds of medicinal values. So what does that tell you about the members of our congress. It tells me that they’re all a bunch of liar’s.
If you don’t believe me about patent # 6630507 look it up for yourselves.
Posted by THE BIG CHUCQUITA | November 30, 2011, 9:35 amThank you for this information…. Will share.
Posted by Apryl Coleman | November 30, 2011, 9:57 amyou need to look to 21usc902 and the ultimate user clause, fed law trumps only non confidential and commerce of mmj, if you want to know how a suit to have standing must be structured look here in colorado’s federal courts case # 11-cv-2578-pab-klm
Posted by rev b baker | November 30, 2011, 10:02 amWhen I can’t medicate I cannot function. Works for me and that’s all the proof I need.
Posted by Paul Parker | November 30, 2011, 12:19 pm“…Congress expressly found that the drug has no acceptable medical uses.” I guess they have ignored the years of research done.
Posted by Paul Parker | November 30, 2011, 12:22 pmhttp://www.facebook.com/l.php?u=http%3A%2F%2Fneilrockindpcblog.com%2F2011%2F10%2F19%2Fbreaking-news-judge-rules-that-the-operating-with-any-presence-of-marijuana-statute-is-unconstitutional%2F&h=4AQHa_DAgAQHWv_K6Gl57Z3n0hGY2wwsLgnU_iGweTKjqXQ
Posted by malachi40f | November 30, 2011, 12:29 pmsorry my bad, 21 USC 802(27) provides exception for any private patient and or their provider for any medical treatment as long as it is life extending no matter the schedule
Posted by Rev. B Baker | December 2, 2011, 2:36 pm