The Federal Coa Case Today.

[peanutbutter]

http://www.huffingto...ourt-challenge/

 

One of the headlines from the hearing in Washington DC today.

 

Nothing to get excited about (not)

 

IF this court rules that cannabis is improperly scheduled, it may not be in the controlled substance act at all.

There would have to be a hearing to determine exactly where it DID belong.

Meanwhile, what would the fed charge someone with? A schedule one crime? Nope .. OK which schedule? To be determined ...

 

Nationwide? Well .. at least binding on that federal district.

 

Nothing to get excited about.

Edited October 16, 2012 by peanutbutter

[peanutbutter]

I have asked before .. what happens to all these "Federal law trumps state law" arguments when federal policy changes?

 

Poof .. gone ..

Edited October 16, 2012 by peanutbutter

[Celliach]

The only way it won't fall under the controlled substance act is to not be scheduled at all. Cocaine is a schedule 2 drug. How's that working out?

[CaveatLector]

 

 

Nationwide? Well .. at least binding on that federal district.

 

 

I don't know enough about this case to speak to it but if it is challenging agency rules, or certain other types of policy, then a decision from the DC Circuit WOULD be binding nationwide. The DC Circuit is a special Circuit and has jurisdiction over certain types of cases. Geographically the area also lies within the 4th Circuit, but the 4th Circuit cannot hear certain cases that the DC Circuit can. The link dropped by peanut, above, states that the case is being heard in the DC CIrcuit but the media sometimes screws things up and confuses these circuits. Anyone know for sure?

[Herb Cannabis]

I don't know enough about this case to speak to it but if it is challenging agency rules, or certain other types of policy, then a decision from the DC Circuit WOULD be binding nationwide. The DC Circuit is a special Circuit and has jurisdiction over certain types of cases. Geographically the area also lies within the 4th Circuit, but the 4th Circuit cannot hear certain cases that the DC Circuit can. The link dropped by peanut, above, states that the case is being heard in the DC CIrcuit but the media sometimes screws things up and confuses these circuits. Anyone know for sure?

 

Americans for Safe Access

Monthly Activist Newsletter

OCTOBER 2012 Volume 7, Issue 10

Federal Appeals Court to Consider Medical Uses of Cannabis

 

Challenge to denial of rescheduling petition to be heard this month

<img align="left" alt="" height="72" width="72" />For the first time in nearly 20 years, a federal court will consider whether cannabis has medical uses. Patient advocates are appealing the federal government’s refusal to change the classification of cannabis to reflect new research on its role in treatment.

 

On October 16, ASA Chief Counsel Joe Elford will appear before the United States Court of Appeals for the D.C. Circuit to argue that the Drug Enforcement Administration wrongfully denied the petition from the Coalition for Rescheduling Cannabis (CRC), of which ASA is a member.

[peanutbutter]

I don't know enough about this case to speak to it but if it is challenging agency rules, or certain other types of policy, then a decision from the DC Circuit WOULD be binding nationwide. The DC Circuit is a special Circuit and has jurisdiction over certain types of cases. Geographically the area also lies within the 4th Circuit, but the 4th Circuit cannot hear certain cases that the DC Circuit can. The link dropped by peanut, above, states that the case is being heard in the DC CIrcuit but the media sometimes screws things up and confuses these circuits. Anyone know for sure?

 

So it is possible cannabis could be de-scheduled by that court?

 

What was requested was that the DEA hold scheduling hearings.

They denied the request, in part, based on medical efficacy. (A possible error)

This court entertained medical evidence there was benefit. Outside the normal scope of a court.

There is ample evidence that:

a. There is benefit

b. It is generally much safer than nearly any pharma drug.

c. It has been accepted for medical use within the united states. Carl Olsen points out that this acceptance is a matter of law in 17 states. Not science, but law.

 

It clearly does not fulfill the requirements to be on schedule one.

 

This case started out in 2002. The courts could easily light a fire under the DEA by pulling the plug.

 

This war may be over.

Edited October 16, 2012 by peanutbutter

[Herb Cannabis]

I hope you are right pb, I pray that you are right. The people have endured so much from the heartless (leo) and so has the plant. If you are correct in your beliefs, there must be celebration!

Edited October 17, 2012 by Herb Cannabis

[peanutbutter]

http://safeaccessnow.org/blog/blog/2012/10/16/appeals-court-hears-case-on-medical-value-of-marijuana/

[CaveatLector]

http://safeaccessnow...e-of-marijuana/

Thanks for the link. That story mentions the judges' names so we can see which president appointed them.

 

We're looking at appointees from Carter, H.W. Bush, and Clinton.

 

Keep your fingers crossed.

[peanutbutter]

Has all the makings of an October surprise ..

 

I think it is improper to apply schedule one actions when it obviously doesn't qualify as schedule one.

 

Any judge should be able to see that it doesn't qualify.