DC Circuit Denies Medical Marijuana Reclassification Challenge

Tony Aroma · Jan 22, 2013

Bummer! But not surprising. The fight continues, although this gives the administration some more ammunition.

Americans for Safe Access will seek En Banc review, continue fight to develop public health policy
Washington, DC

The United States Court of Appeals for the D.C. Circuit issued a ruling today in the medical marijuana reclassification case, Americans for Safe Access v. Drug Enforcement Administration. In a 2-1 decision, the Court granted standing in the case — the right to bring a claim against the federal government — but denied the legal challenge on the merits, agreeing with the government’s assertion that “adequate and well-controlled studies” on the medical efficacy of marijuana do not exist.

“To deny that sufficient evidence is lacking on the medical efficacy of marijuana is to ignore a mountain of well-documented studies that conclude otherwise,” said Joe Elford, Chief Counsel with Americans for Safe Access (ASA), the country’s leading medical marijuana advocacy organization, which appealed the denial of the rescheduling petition in January of last year. “The Court has unfortunately agreed with the Obama Administration’s unreasonably raised bar on what qualifies as an ‘adequate and well-controlled’ study, thereby continuing their game of ‘Gotcha.’”

ASA intends to seek En Banc review by the full D.C. Circuit and,necessary, the organization will appeal to the U.S. Supreme Court. ASA intends to argue that the Obama Administration has acted arbitrarily and capriciously by using continually changing standards of “medical efficacy” in order to maintain marijuana as a Schedule I substance, a dangerous drug with no medical value. The government now contends that Stage II and III clinical trials are necessary to show efficacy, while ASA has consistently argued that the more than 200 peer-reviewed studies cited in the legal briefs adequately meet this standard.

In 2002, the Coalition for Rescheduling Cannabis, made up of several individuals and organizations including ASA, filed a petition to reclassify marijuana for medical use. That petition was denied in July 2011, after ASA sued the Obama Administration for unreasonable delaying the answer. The appeal to the D.C. Circuit was the first time in nearly 20 years that a federal court has reviewed the issue of whether adequate scientific evidence exists to reclassify marijuana.

“The Obama Administration’s legal efforts will keep marijuana out of reach for millions of qualified patients who would benefit from its use,” continued Elford. “It’s time for President Obama to change his harmful policy with regard to medical marijuana and treat this as a public health issue, something entirely within the capability and authority of the executive office.”

Patient advocates claim that marijuana is treated unlike any other controlled substance and that politics have dominated over medical science on this issue. Advocates point to a research approval process for marijuana, controlled by the National Institute on Drug Abuse (NIDA), which is unique, overly rigorous, and hinders meaningful therapeutic research. ASA argues in its appeal brief that the DEA has no “license to apply different criteria to marijuana than to other drugs, ignore critical scientific data, misrepresent social science research, or rely upon unsubstantiated assumptions, as the DEA has done in this case.”

ASA will continue to put pressure on the Obama Administration, but will also be lobbying Members of Congress to reclassify marijuana for medical use. A new comprehensive public health bill on medical marijuana is expected to be introduced soon in Congress, and ASA is holding a national conference in February to support its passage.

Further information:

Today’s D.C. Circuit decision: http://AmericansForSafeAccess.org/downloads/DC_Circuit_Ruling_ASA_v_DEA.pdf

ASA appeal brief: http://AmericansForSafeAccess.org/downloads/CRC_Appeal.pdf

CRC rescheduling petition: http://www.drugscience.org/PDF/Petition_Final_2002.pdf
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http://www.theweedblog.com/d-c-circuit-denies-medical-marijuana-reclassification-challenge-advocates-vow-to-appeal/

Cannagirl · Jan 22, 2013

Of course they don't exist, they make it impossible to get grants for that sort of thing :'(

ResinRubber · Jan 22, 2013

Funny that it's the DC court where locally they've passed MMJ legislation.

Tony Aroma · Jan 24, 2013

I didn't catch this at first, but the court DID NOT rule that marijuana has no medical value. What the Circuit Court decided was that the DEA followed the rules in denying the rescheduling petition. Granted, they're the rules the DEA made up and keep changing. But that's all the court decided at this time. And those rules say that marijuana does not meet the necessary criteria to be removed from schedule 1. Makes it kind of easy when you make the rules that you have to abide by.

Lvstickybud · Jan 25, 2013

Tony Aroma said:

I didn't catch this at first, but the court DID NOT rule that marijuana has no medical value. What the Circuit Court decided was that the DEA followed the rules in denying the rescheduling petition. Granted, they're the rules the DEA made up and keep changing. But that's all the court decided at this time. And those rules say that marijuana does not meet the necessary criteria to be removed from schedule 1. Makes it kind of easy when you make the rules that you have to abide by.
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And them being a government agency, they don't even have to follow their own rules. I've been dealing with a gov agency for 3 years now and what they do or don't do can't be done by independent agencys.

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DC Circuit Denies Medical Marijuana Reclassification Challenge

Tony Aroma Let's Go - Two Smokes!

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DC Circuit Denies Medical Marijuana Reclassification Challenge

Tony Aroma Let's Go - Two Smokes!

Cannagirl Preheat to 420

ResinRubber Civilly disobedient/Mod

Tony Aroma Let's Go - Two Smokes!

Lvstickybud Bongmaster

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