Medical Marijuana Advocates to Argue DEA in Federal Court

obama-marijuana-seeds.jpg
Must now defend the drug war in court
Is marijuana a medicine, or is it a vitality-sucking, life-destroying devil weed? Cannabis advocates and law enforcement don't exactly see eye-to-eye on this crucial point -- but for the first time, a judge will be called in to decide.

A federal court of appeals in Washington, D.C., has  agreed to hear oral arguments in a 10-year-old rescheduling petition filed by Americans for Safe Access, a marijuana advocacy group. ASA wants the Drug Enforcement Administration to reclassify marijuana from a Schedule I controlled substance -- which means the government considers cannabis highly addictive, with no medical value -- to a classification that reflects its medicinal application.

The court hearing would be the first time the medical merits of cannabis would be examined in a federal courtroom since 1994 -- before 17 states and the District of Columbia approved the medical use of marijuana -- and a mere 10 years after the petition was filed.

The United States Court of Appeals for the D.C. Circuit will hear oral arguments in Americans for Safe Access v. Drug Enforcement Administration on Oct. 16, according to ASA chief counsel Joe Elford.

"This is a rare opportunity for patients to confront politically motivated decision-making with scientific evidence of marijuana's medical efficacy," Elford said in a statement issued late Monday. "What's at stake in this case is nothing less than our country's scientific integrity."

Numerous studies, including research conducted by the state-funded Center for Medical Cannabis Research at the University of California, have concluded that marijuana may hold some medical value for sufferers of AIDS, glaucoma, cancer, chronic pain, and myriad other diseases and conditions. The federal government has maintained, including at the U.S. Supreme Court in 2005, that the plant has no medical value.

In recent weeks, yet another study was published, this one directly blasting the feds' assertions. In The Open Neurology Journal, UC San Diego researcher Dr. Igor Grant wrote that marijuana's Schedule I classification is "not tenable." Calling the drug -- on which the U.S. government holds a medical patent, and derivatives of which are prescribed in the U.S., United Kingdom, and Canada -- is medically worthless is poppycock, Grant wrote. It is "not accurate that cannabis has no medical value, or that information on safety is lacking."

The DEA last summer denied to hear an appeal of marijuana's classification, which was originally filed in 2002. ASA then filed a lawsuit to force the feds into a courtroom.

The results of the hearing come at an auspicious time -- it will be about a year from the day the Justice Department began a coordinated crackdown on California's state-legal, taxpaying medical marijuana dispensaries. About a dozen have shut down in the Bay Area, including eight in San Francisco as of the end of business Tuesday.

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9 comments
Ingracewetrust
Ingracewetrust

For those that don't understand medical marijuana benefits:

 

    medicalmarijuanadoctors.org/granny-storm-crows-list

tonydfixer
tonydfixer

It is the same old story the old codgers in both houses do not believe in scientific fact.I think they go to a fortune teller for information.....Tonydfixer.....Seattle

Historian
Historian

Actually, while denying an exception from federal prohibition for medical marijuana, the Supreme Court in 2005 found: "The case is made difficult by respondents’ strong arguments that they will suffer irreparable harm because, despite a congressional finding to the contrary, marijuana does have valid therapeutic purposes." 

 

Their decision that intrastate marijuana is inseparable from interstate marijuana because it is a fungible product (like wheat) had nothing to do with whether marijuana has medical utility or not (and again, they found that it does have medical utility despite the "wisdom" of Congress).  

 

heathenjimmy
heathenjimmy

So we may see the evidence that supports the medicinal use of Cannabis by the US Government. They hold the patent 6,630,507. http://www.patentstorm.us/patents/6630507/description.html 

Duncan20903
Duncan20903

 heathenjimmy. I really wish people would quit pushing that worthless patent as proof of anything. Perhaps you would care to explain the patents issued for perpetual motion machines? One can patent just bout any gizmo imaginable, proof that it works or is commercially viable is not required. Approaching 100% of patents expire worthless. 6630507 has been for sale on sweetheart terms since 2003 with no takers. After almost a decade it's really absurd to try to claim that particular patent has any value whatsoever.

 

A patent is not a Governmental stamp of verification that the issued patent has any value.

Ingracewetrust
Ingracewetrust

 @Duncan20903 The government would not waste time buying useless patents but if you think the decades  of overseas mmj studies and patient testimonials are invalid then feel free to provide a few links of studies you think prove your point. Post your proof. Here's mine:

    medicalmarijuanadoctors.org/granny-storm-crows-list

tonydfixer
tonydfixer

 @Duncan20903 Well why does the government not have a patent for a perpetual machine?

Duncan20903
Duncan20903 like.author.displayName 1 Like

 tonydfixer. Why the gov't doesn't own a patent on a perpetual motion machine is irrelevant. The point is that they've issued more than a few hundred patents for an invention which is simply not possible under physical law as we understand it today. The fact that patents have been issued on such a device are compelling evidence that having a patent issued does not mean that the thing patented works as advertised. All a patent is is a time stamp. First person to submit the patent gets sole rights to market the device. The patent does not compel anyone to buy what's patented.

 

Now, if you want to know why the gov't owns 6630507 you need to familiarize yourself with the Orphan Drug Act. Were you aware that the gov't originally owned the patent to Marinol®? Marinol® was also sold under the terms of the Orphan Drug Act.

 

A search of the USPTO database for the keyword cannabinoid just a moment ago returned me 6,715 items. There are certainly more than a few patents that have been issued for medicinal cannabinoids which have actually been marketed. One need go no further than the plant patents issued to GW Pharma for their medicinal strains. Why is it that people are so hung up on this one particular patent that is proven worthless?

http://www.patentstorm.us/search.html?q=cannabinoid&s.x=0&s.y=0&s=s

 

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