Feds Play Circular "Game of Gotcha" With Marijuana Prohibition

Cannabis in court
Burden Not on DEA to Prove Marijuana Is Dangerous; Judges Asked to Heed Research, Science.

Keeping marijuana under the government's list of most controlled, most dangerous substances is easy for the Drug Enforcement Administration -- all the federal drug warriors have to do is deny researchers access to the plant, then claim that there's insufficient research to determine that cannabis has benefits.

That "circular game of gotcha" continued Tuesday morning, but at least advocates of marijuana's medical benefits enjoyed a change of venue -- and a significant one. An appeal seeking to reschedule marijuana from the panoply of the world's most dangerous drugs is now in federal judges' hands, following oral arguments in Americans for Safe Access's lawsuit against the DEA in Washington, DC, Tuesday.

Win or lose, the rescheduling lawsuit is a milestone in the marijuana movement. Still, there's a few points to consider: The lawsuit won't make cannabis legal, but rather less illegal. And, perhaps unfairly, the deck's stacked against ASA, since the federal government doesn't have to prove that cannabis is harmful. Instead, ASA has to prove that it is NOT harmful.

But at least the government and its opponents agree on one thing: More research is needed.  However, it remains to be seen if a judge will agree and help fight the drug war by ordering the DEA to allow scientists access to, well, science.

The feds' circular "games" with marijuana was prominently featured in ASA's chief counsel Joe Elford's oral arguments Tuesday.

"The lack of access to marijuana for medical research is a consequence of the scheduling, yet the lack of suitable research is cited by the DEA as a reason for maintaining the schedule," Elford argued, according to an ASA news release issued Tuesday.

Entered into evidence were piles of research, studies, and other data produced by scientists, as well as anecdotal statements from medical marijuana users, including disabled Air Force veteran Michael Krawitz. He told the judges that he's denied federal Veterans' Administration benefits because he also seeks medical marijuana treatment on the side.

The judges, at least outwardly, are listening. In fact, they want to know more; the  judges asked Krawitz to file additional information clarifying exactly what's wrong with him and what treatment he's denied by the VA.

Incredibly enough, attorneys for the DEA admitted that they do accept valid studies conducted on medical marijuana's value, it's just that the results aren't yet known.

The DEA allowed that 15 studies adhering to "specific federal 'quality'" standards have been conducted, according to testimony from DEA attorney Lena Watkins. So why is there no proof, up or down, one way or the other? "We don't have the final results yet," Watkins told the three-judge panel.

The case is without serious precedent. Never before has a federal judge asked the Drug Enforcement Administration to provide proof for its classifications of drugs. And it might not this time around, either: One of the judges called the DEA "the scientists," and asked if it wasn't smart to "defer to them."

Still, the exit from the circular argument is clear. Both sides agreed that there's insufficient data and more research needs to be done on the plant. If that means keeping marijuana illegal, but at least in schedule II -- where cocaine and methamphetamine are classified, unlike highly dangerous ecstasy, DMT, peyote, mescaline, LSD, and psilocybin -- it also means that science will at last have a way in.

A ruling could come as soon as early next year, according to ASA.

My Voice Nation Help

In the greatest show of arrogance and disdain any United States Attorney General has ever showed any citizenry, you’re dysfunctional elite, self-interested none-representing Attorney General has declared “WAR” on Medical Marijuana and the People of the Medical Marijuana States and you did nothing America!!


You want Eric Holder and the DOJ to obey your State’s Constitutional Lawful Medical Marijuana Laws and they ignore you and you did nothing America!!

You say stop the madness of handing out Millions of dollars of a bankrupted treasury To enforce your illegal Marijuana laws upon the lawful rights and liberties of Medical Marijuana dispensaries and their doctors and patients and they ignore you and once again you did nothing America.

You say stop Eric Holder and the DOJ from making a mockery of your State laws and they ignore you, and now in open defiance of the “Will of the People”, they are preparing more task forces to come after more medical dispensaries, Patients and their Doctors.

You say NO to using your money to bail out the failed and corrupt “War on Drugs” and they ignore you!

If you’re self-serving Attorney General Eric Holder and DOJ were a Business they'd all be in jail by now!


The biggest Traitor among you hold elective office as the United States Attorney General his Name is Eric Holder, only when he feels the almighty Wrath of We The People marching in the streets from California to New York shouting we're Mad As Hell and we want our States Medical Marijuana Laws enforced, will they get the message, They Work For You!


Wake Up America!!


While you were playing with the toys of your consumer wealth, you lost much more than your bloated economy of living beyond your means.


Your public servant Eric Holder has become your Master, violations of lawful state laws is Tyranny but you still look to government to solve problems, the very ones that they created the problem in the first place.

Now it's time to stick it to, Eric Holder and the Department of Justice,

Require all Medical Marijuana laws passed by the Citizens be enforced by Eric Holder and the DOJ.


Start first by removing the elite privileges that placed your none-representing representatives, and United States Attorney General and DOJ above you, not with you.


Require all laws that apply to the State to be equally applied to the United States Attorney General and the DOJ.


Require your State’s Attorney General to enforce your Medical Marijuana Laws and fight the overthrow of State’s Sovereign Rights by the Federal Government.


Require your County Sheriff’s to get involved when there is a Medical Marijuana Raid in your County, the Sheriff works for the people, not the judges and courts. He can stop any unlawful action in his County.


Practice and Teach Jury Nullification in all unlawful and illegal Marijuana raids and court cases. Demand and require that the Federal Judge allow the State’s Marijuana laws be brought into evidence! Hold him accountable to the State Attorney General and the People.


Jury Nullification is a Constitutional Doctrine which allows juries to acquit criminal defendants who are technically guilty, but who do not deserve punishment. This would be lawful action on the behalf of any Care giver, doctor, dispensaries and patients.



Hold Eric Holder and the DOJ accountable, they are committing TREASON and TYRANNY against the people of the Medical Marijuana States, have him disbarred and removed from office for failing and refusing to uphold and defend the Constitutional Rights and Liberties of the People and the Medical Marijuana States.


Last, but not least, start STATE  PETITIONS for the IMPEACHMENT and REMOVAL of United States Attorney General Eric Holder!! If you don't you're allowing the Attorney General to commit Treason and Tyranny…If the People don’t come to the aid and defense of the Medical Marijuana States and their Attorney General you’re committing National Suicide America!!


A Little Common Sense, by Thomas Paine & Chase Dattilo, Private Attorney General

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