Federal Court Of Appeals To Consider The Benefits Of Medical Marihuana

[Michael Komorn]

Here are the Summary of the arguments

 

THE DEA ACTED ARBITRARILY AND CAPRICIOUSLY, AND WITHOUT SUBSTANTIAL EVIDENCE, IN CONCLUDING THAT MARIJUANA DOES NOT HAVE A “CURRENTLY ACCEPTED MEDICA USE IN TREATMENT IN THE UNITED STATES”

 

 

QUALIFIED EXPERTS RECOGNIZE THAT MARIJUANA HAS MEDICAL USE

 

THE DEA ERRED IN FAILING TO FIND THAT MARIJUANA’S CHEMISTRY IS KNOWN AND REPRODUCIBLE

 

THE DEA AND HHS ERRONEOUSLY FAILED TO COMPARE MARIJUANA TO OTHER SCHEDULED SUBSTANCES

THE DEA ERRONEOUSLY EQUATES US OF MARIJUANA WITH A “HIGH” POTENTIAL FOR ABUSE

 

THE DEA AND HHS ERRONEOUSLY FAILED TO COMPARE MARIJUANA TO OTHER SCHEDULED SUBSTANCES

 

QUALIFIED EXPERTS RECOGNIZE THAT

THE DEA ERRED IN FAILING TO FIND THAT MARIJUANA’S CHEMISTRY IS KNOWN AND REPRODUCIBLE

THE DEA AND HHS ERRONEOUSLY FAILED TO COMPARE

 

MARIJUANA TO OTHER SCHEDULED SUBSTANCES

THE DEA ERRONEOUSLY EQUATES US OF MARIJUANA WITH A “HIGH” POTENTIAL FOR ABUSE

THE DEA AND HHS ERRONEOUSLY FAILED TO COMPARE MARIJUANA TO OTHER SCHEDULED SUBSTANCES

 

RESPONDENTS ABUSED THEIR DISCRETION IN DENYING PETITIONERS A HEARING AFTER STALLING ON THEIR DENIAL OF T HE RESCHEDULING PETITION FOR NEARLY TEN

YEARS

 

http://blogs.wsj.com/law/2012/10/08/appeals-court-to-consider-theraputic-value-of-medical-marijuana/

 

http://safeaccessnow.org/downloads/ASA_v_DEA_Reply_Brief.pdf

 

 

Michael A. Komorn

Attorney and Counselor

Law Office of Michael A. Komorn

3000 Town Center, Suite, 1800

Southfield, MI 48075

800-656-3557 (Toll Free)

248-351-2200 (Office)

248-357-2550 (Phone)

248-351-2211 (Fax)

 

Email: michael@komornlaw.com

Website: www.komornlaw.com

 

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PLANET GREENTREES

w/ Attorney Michael Komorn

 

The most relevant radio talk show for the Michigan Medical Marijuana Community. PERIOD.

[GregS]

It only took the DEA eleven years to hear and rule on the petition that Francis Young, that was concluded in 1988, found to be positive toward the efficiacy of the substance as a drug in medical applications.

Edited October 9, 2012 by GregS

[Herb Cannabis]

It only took the DEA eleven years to hear and rule on the petition that Francis Young, that was concluded in 1988, found to be positive toward the efficiacy of the substance as a drug in medical applications.

 

I don't see you here very often these days, it was nice to read you.

[GregS]

Sweet friends, your patience for my long abode;

Not I, but my affairs, have made you wait.

 

Arm in a cast, Shoulders shredded and repaired. More to come.

 

Thanks Herb.

Edited October 11, 2012 by GregS

[peanutbutter]

A ruling that the current scheduling is erroneous and that there needs to be hearings, could send the DEA into overtime to get hearings taking place ASAP.

 

In that case, I believe there would be no federal marijuana law. It HAS happened before.

 

That is, after the tax stamp act was found unconstitutional, there was a period where there was no federal marijuana law. It took time to make the new Controlled Substance Act.

Edited October 16, 2012 by peanutbutter

[Herb Cannabis]

I wonder if the 1988 ruling was brought up today and if it would have any influence in today's case.

[tooldini]

So do you you guys think it may get rescheduled to a more realistic level?

[Timmahh]

i suspect a 2 at BEST. still a crime, but off the list. though realistically, its an herb, and should be treated as such in my personal opinion.

[peanutbutter]

I think they may find that it doesn't belong in schedule one but it is up to HHS, FDA and DEA to hold hearings to determine where it DOES belong.

 

Leaving marijuana completely off the schedule system until the hearings DO take place.

 

There are major tax differences between schedule 2 and 3. The IRS action against Harborside would still be taking place if it was put into schedule 2.

Edited October 17, 2012 by peanutbutter

[solabeirtan]

I think they may find that it doesn't belong in schedule one but it is up to HHS, FDA and DEA to hold hearings to determine where it DOES belong.

 

Leaving marijuana completely off the schedule system until the hearings DO take place.

 

There are major tax differences between schedule 2 and 3. The IRS action against Harborside would still be taking place if it was put into schedule 2.

Just curious how DEA has any credability in the say so. Like where do they get any legitamate expertise, especially since they have done everything ever concieved possible to prevent any studies, research or trials to clarify this. Including terrorizing inquisitive the brave citizens that tried to better their lives with beneficial herbs v addictive poisonous pharmacueticals.

 

They were created to police the " druggies " with over the top military type tacticts. They are irrelevant to the discussion. imho

[tooldini]

I would like to see something change it crazy to keep it with cocaine ,heroin, etc.

[tooldini]

Oh dang so marijuana is worse for you than cocaine LOL if rescheduling happens would that help family doctors feel more comfortable filling out recommendations?

Edited October 18, 2012 by tooldini

[Highlander]

If they reschedule, doctors would have to prescribe it. I do not understand how it would interact with recommendations. Good question!

 

But rescheduling wouldn't unravel the protections we currently have, so why not continue with recommendations?

[Highlander]

I am not saying we shouldn't, just saying that it could subject the doctor to more scrutiny. I don't understand how a doctor would go about recommending a schedule II controlled substance when they think a prescription is required to obtain it. There are just some unknowns, that is all I am saying.

 

I envision parallel systems. Our Docs here in MI have a lot of protection under the Act.

[peanutbutter]

There are seventeen regulation schemes that states have produced.

 

EVERYTHING about marijuana doesn't fit into the regular scheduling model.

 

To adjust the federal model would require the fed policy match each state policy.

 

If it moves at all it, should be dropped entirely from federal law.

[tooldini]

I would love to see it drop from federal law but at least if it is lowered it is going in the right direction Is there any date when they will discuss this?