Court Rejects Bid To Reclassify Marijuana

By: Associated Press
By: Associated Press

WASHINGTON (AP) -- A federal appeals court has rejected a petition to reclassify marijuana from its current status as a dangerous drug with no accepted medical use.
The appeals court panel Tuesday turned away the bid from a medical marijuana group, Americans for Safe Access.
In 2011, the Drug Enforcement Administration rejected a petition by medical marijuana advocates to change the classification.
The court said that the question wasn't whether marijuana could have some medical benefits, but rather whether the DEA's decision was "arbitrary and capricious." The court concluded that the DEA action survives review under that standard.
Marijuana is classified as a controlled substance, categorized as having a high potential for abuse and no currently accepted medical use, together with drugs like heroin, LSD and ecstasy.


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  • by Michael Dee Location: Maine on Jan 26, 2013 at 03:31 PM
    I suggest Joe Elford, chief Council for American for Safe Access to start over in federal court. I would like to know why he does not understand that criminal laws are a fundamental rights issue. The question that is not presented in a court of law is whether the federal proscription of marijuana is unreasonable and unnecessary use of police power contravening the Fourth and Fifth Amendments of the Constitution of the United States. The question to be answered is whether marijuana is arbitrarily classified as a controlled substance contravening due process of law. It is safety of use, the third criteria that determines medicinal use, which Frederic J Frommer of the Associated press deliberately did not mention. Marijuana is safe to use without medical supervision. The issue is not rescheduling marijuana. It’s about removing marijuana as a controlled substance. The definition of dangerous goes from harmful to deleterious. In its report the DEA, The FDA declared marijuana to be harmful not dangerous. The Controlled Substance Act says marijuana must remain a schedule I drug to comply with a United Nations Convention on narcotic drugs even if it does not meet the criteria to be controlled substance. The question for a court of law is whether criminalizing marijuana to up hold a United Nation’s treaty contravenes the Fourth and Fifth Amendments of the Constitution of the United States.
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