Federal Court Denies Lawsuit Claiming Marijuanas Medical Benefits
Category: Medical Marijuana | Posted on Tue, January, 29th 2013 by THCFinder
Preserving the main legal barrier to medical marijuana, a federal appeals court on Jan. 22 rejected a lawsuit intended to force the Drug Enforcement Administration to move marijuana out of Schedule I, the federal law that classifies marijuana as a dangerous drug with no valid medical use.
The U.S. Court of Appeals for the District of Columbia Circuit ruled 2-1 that the medical-marijuana advocates who filed the suit—Americans for Safe Access, a California-based patient-advocacy group; the Coalition to Reschedule Cannabis, Patients Out of Time, and four individual medical users, including Air Force veteran Michael Krawitz—had not proved that the DEA’s decision to keep marijuana in Schedule I was “arbitrary and capricious.” The court held that marijuana had failed to meet the five standards the DEA sets for drugs to qualify as having a valid medical use.
The court “seemed to defer to the DEA,” by focusing on whether adequate scientific studies had been done to show marijuana’s medical efficacy, says ASA spokesperson Kris Hermes. The plaintiffs’ lawyer, Joe Elford of San Francisco, says the court didn’t close off the possibility that future studies will show its efficacy more conclusively. They plan to appeal the decision, first to the full 13 judges of the D.C. Circuit, and then to the Supreme Court if they lose.
The dissenting judge said the court should not consider the case because none of the plaintiffs had legal standing to file a suit. The majority held that Krawitz did, because he had been forced to pay for an outside doctor after the Veterans Health Administration refused to prescribe him painkillers unless he signed a contract agreeing not to use marijuana. Krawitz, who has had surgery 13 times since he was seriously injured in a car accident in 1984, says the best relief for his chronic pain is a combination of cannabis and opioid painkillers.
“What would be ‘arbitrary and capricious,’ if this isn’t?” he asks rhetorically. “You talk to the DEA about medical marijuana, and they go ‘la-la-la’ with their fingers in their ears.”
The DEA referred discussion of the ruling to the Department of Justice, which did not respond to an e-mailed list of questions by press time.
Read more: http://obrag.org
Police Seek Cutest Marijuana Thief Ever
The Wichita, Kan., police department is reporting that a mouse is responsible for stealing marijuana from a 2009 case evidence facility. According to a local news station, the department held a press conference about the red-handed rodent — and even crafted an official police sketch.
Police say the mouse ate through the baggies and most likely ingested a good portion of the cannabis. Let's just hope the little guy found himself a giant wheel of cheese and is taking it easy for the next few weeks.
Washington vows to try to keep marijuana in state...but how?
Category: News | Posted on Tue, January, 29th 2013 by THCFinder
SEATTLE — So far, no one is suggesting checkpoints or fences to keep Washington state’s legal pot within its borders.
But Gov. Jay Inslee insists there are ways to prevent the bulk smuggling of the state’s newest cash crop into the black market, including digitally tracking weed to ensure that it goes from where it is grown to the stores where it is sold.
With sales set to begin later this year, he hopes to be a good neighbor and keep vanloads of premium, legal bud from cruising into Idaho, Oregon and other states that don’t want people getting stoned for fun.
It’s not just about generating goodwill with fellow governors. Inslee is trying to persuade U.S. Attorney General Eric Holder not to sue to block Washington from licensing pot growers, processors and sellers. Marijuana remains illegal under federal law.
“I am going to be personally committed to have a well regulated, well disciplined, well tracked, well inventory-controlled, well law-enforcement-coordinated approach,” said Inslee, who is due to give Holder more details this week.
Keeping a lid on the weed is just one of the numerous challenges Washington state authorities and their counterparts in Colorado — where voters also legalized pot use — will face in the coming months.
The potential of regulatory schemes to keep pot from being diverted isn’t clear. Colorado already has intensive rules aimed at keeping its medical marijuana market in line, including the digital tracking of cannabis, bar codes on every plant, surveillance video and manifests of all legal pot shipments.
But law enforcement officials say marijuana from Colorado’s dispensaries often makes its way to the black market, and even the head of the Colorado agency charged with tracking the medical pot industry suggests no one should copy its measures.
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