U.S. federal judge rejects challenge to marijuana prohibition

[webfact]

U.S. federal judge rejects challenge to marijuana prohibition

By Brendan Pierson

 

FILE PHOTO - A thriving marijuana plant is seen at a grow operation in Denver, Colorado December 31, 2013. REUTERS/Rick Wilking/File Photo

 

(Reuters) - A federal judge on Monday dismissed a lawsuit seeking to overturn the United States' longstanding prohibition of marijuana on the grounds that the ban was unconstitutional, with the judge finding that the issue could not be decided by the court.

 

U.S. District Judge Alvin Hellerstein in Manhattan ruled that the lawsuit must be dismissed because the plaintiffs had failed to use administrative procedures within the Drug Enforcement Administration (DEA) to challenge the ban.

 

Hellerstein said his decision "should not be understood as a factual finding that marijuana lacks any medical use in the United States," but rather that the authority to make that decision lies with the DEA, not with the court.

 

The plaintiffs include the parents of two children who use marijuana to treat illness, and former National Football League player Marvin Washington, who works with a company that develops marijuana-based products.

 

Lawyers for the plaintiffs said in a statement that they would appeal the decision, which came nearly two months after U.S. Attorney General Jeff Sessions announced he would abandon a policy of former President Barack Obama that had left regulation of the drug largely up to states.

 

"Resigning the plaintiffs to the petitioning administrative process is tantamount to a death sentence for those patients who need cannabis to live," said Michael Hiller, an attorney for the plaintiffs.

 

Several states, including California, Colorado and Washington, have legalized marijuana for recreational use, and 29 states allow some medical use.

 

One of the children in the lawsuit, Alexis Bortell, successfully treats seizures using the drug, while another, Jagger Cotte, has used it to alleviate pain associated with a neurological condition called Leigh's Disease, according to court filings.

 

Under the 1970 Controlled Substances Act, marijuana is classified as a 'Schedule I' drug, meaning that it is considered to have a high potential for abuse and no medical use. Other Schedule I drugs include heroin and LSD.

 

In their lawsuit, filed in July, the plaintiffs claimed that the federal ban on marijuana violates the U.S. Constitution.

 

Hellerstein said that even if he had the authority to decide the issue, he would have to rule against the plaintiffs because there was no "fundamental right" to use marijuana.

 

(Reporting By Brendan Pierson in New York, Editing by Rosalba O'Brien)

 

-- © Copyright Reuters 2018-02-27

[spidermike007]

Simple Sessions continues to try to jail people, for possession and small time growing of pot. Against the will of the majority of American people. The dangers of fake religious belief.

 

Tiny DT- Continuing the trend of decreasing the quality of life, for the average America. Moving America backwards. Re-populating the swamp with his own brand of alligators and crocodiles. The art of I cannot make a deal to save my life!

[MaeJoMTB]

Can't I just use it for fun?

Do I really need to find some bogus medical excuse first?

[blazes]

I live in a jurisdiction where cannabis is soon to be legalized.  I can't imagine any good being added to the world's total by the free use of cannabis.  The effect on vehicle drivers is not much different from that of alcohol, to name only the most obvious negative effect....

 

[spidermike007]

57 minutes ago, blazes said:

I live in a jurisdiction where cannabis is soon to be legalized.  I can't imagine any good being added to the world's total by the free use of cannabis.  The effect on vehicle drivers is not much different from that of alcohol, to name only the most obvious negative effect....

 

I completely disagree. Sure, it one is totally blitzed. Many years ago I smoked recreationally. I never, ever had a hard time driving. I cannot say the same thing for drinking. I was far more impaired and far duller with a few drinks, than a few tokes. Not the same on any level. Alcohol is infinitely more destructive to the individual, society, and to motor skills, than pot. The most threatening thing about pot, is the possibility of losing one's ambition, and overeating. Thousands die every month from alcohol. This chart establishes some science behind what I just said. And these numbers are just in the US.

 

How big is the problem?

• In 2015, 10,265 people died in alcohol-impaired driving crashes, accounting for nearly one-third (29%) of all traffic-related deaths in the United States.¹
• Of the 1, 1,132 traffic deaths among children ages 0 to 14 years in 2015, 209 (16%) involved an alcohol-impaired driver.¹
• In 2015, nearly 1.1 million drivers were arrested for driving under the influence of alcohol or narcotics.³ That’s one percent of the 111 million self-reported episodes of alcohol-impaired driving among U.S. adults each year.⁴
• Drugs other than alcohol (legal and illegal) are involved in about 16% of motor vehicle crashes.⁵
• Marijuana use is increasing⁶ and 13% of nighttime, weekend drivers have marijuana in their system.⁷
• Marijuana users were about 25% more likely to be involved in a crash than drivers with no evidence of marijuana use, however other factors – such as age and gender – may account for the increased crash risk among marijuana users.⁵

 

^{https://www.cdc.gov/motorvehiclesafety/impaired_driving/impaired-drv_factsheet.html}

 

 

Edited February 27, 2018 by spidermike007

[Slip]

1 hour ago, blazes said:

I live in a jurisdiction where cannabis is soon to be legalized.  I can't imagine any good being added to the world's total by the free use of cannabis.  The effect on vehicle drivers is not much different from that of alcohol, to name only the most obvious negative effect....

 

"The effect on vehicle drivers is not much different from that of alcohol"

 

How do you know that?

[Srikcir]

10 hours ago, webfact said:

Hellerstein said his decision "should not be understood as a factual finding that marijuana lacks any medical use in the United States," but rather that the authority to make that decision lies with the DEA

Why isn't it the federal Food & Drug Administration (FDA) who decides if marijuana lacks any medical use?

Probably because the FDA has already approved two marijuana-based medicines for treatment of nausea in chemotherapy patients and help increase appetite in those with AIDS who have experienced extreme weight loss.

In fact DEA acting administrator Chuck Rosenberg said in June 2017 that while “marijuana is not medicine,” he also said,

• it would be "awesome" if it “turns out there is something in smoked marijuana that helps people.” But he said "it should first be run through the Food and Drug Administration." https://www.entrepreneur.com/article/295164

But it seems neither the DEA nor Attorney Sessions really want to believe in science.

 

 

[curtklay]

And the argument goes on and on. Yes, alcohol is more dangerous than marijuana. But that really isn't the point. Comparing the two is pointless. Alcohol should not be legal either. It has proven to be of no benefit. Driving under the influence of anything that affects thinking and response time is a very bad idea.

 

People that claim "medical marijuana" is curing their ailments are mostly blowing smoke. The simple fact is, being high feels better than not being high.

 

I used to favor total legalization thinking that people would use it responsibly, but now I wonder if we really need another legal intoxicant. Pot isn't the problem, people are.

Edited February 27, 2018 by curtklay

[Slip]

18 minutes ago, curtklay said:

And the argument goes on and on. Yes, alcohol is more dangerous than marijuana. But that really isn't the point. Comparing the two is pointless. Alcohol should not be legal either. It has proven to be of no benefit. Driving under the influence of anything that affects thinking and response time is a very bad idea.

 

People that claim "medical marijuana" is curing their ailments are mostly blowing smoke. The simple fact is, being high feels better than not being high.

 

I used to favor total legalization thinking that people would use it responsibly, but now I wonder if we really need another legal intoxicant. Pot isn't the problem, people are.

You make fair points.  Does marijuana affect thinking and response time?

[Srikcir]

8 minutes ago, curtklay said:

People that claim "medical marijuana" is curing their ailments are mostly blowing smoke.

I don't believe there's any medical evidence that medical cannabis cures anything.

Its value has been proven in treatment of side effects of recognized medical cures and/or treatments to mitigate the effect of untreatable diseases and nerve degeneration. Cannabis used medically can be in a form that produces little if any "high," albeit more expensive than those forms which do.

But the DEA refuses to recognize any medical benefit from Cannabis even though the FDA does.

[ericthai]

1 hour ago, curtklay said:

 

People that claim "medical marijuana" is curing their ailments are mostly blowing smoke. The simple fact is, being high feels better than not being high.

 

I think you need to do some research.  There are two parts to Marijuana, It has THC (this is psychoactive) and CBD (this is not psychoactive). It has been shown that CBD helps people who have seizures.  CBD you do not smoke, it's an oil that is extracted from the plant.

 

As for someone with Cancer wanting the THC, who cares if they smoke a little bit, Cancer is kicking the ever living shit out of them, let them smoke and "feel better"!

[Scott]

A post violating Fair Use Policy has been removed.   Quoting large amounts of text, not crediting them is not permitted.

 

ONLY THE TITLE, 3 SENTENCES  and then a link to the source is permitted.  

 

 

[timendres]

Quote

Hellerstein said that even if he had the authority to decide the issue, he would have to rule against the plaintiffs because there was no "fundamental right" to use marijuana.

And here we see where the US government has gone off the rails. Our fundamental rights do not come from the government. End of sentence. This was one of the strongest arguments against the Bill of Rights, in that it was feared that eventually it would be used to counter the basis of the US constitution - that we are free people and our rights are not given to us by the government.

[Mac98]

5 hours ago, timendres said:

And here we see where the US government has gone off the rails. Our fundamental rights do not come from the government. End of sentence. This was one of the strongest arguments against the Bill of Rights, in that it was feared that eventually it would be used to counter the basis of the US constitution - that we are free people and our rights are not given to us by the government.

Correct. And the conservative courts have it wrong in deciding such freedoms. They ask themselves: "Will the country survive if we deny (blank) activity?" Under the Bill of Rights they should ask themselves: "Will the country collapse if we allow (blank) activity?" 

[HerbalEd]

Those here who say MJ has no beneficial medicinal properties, obviously don't know what they're talking about. MJ is not a miracle cure -- there are none. But it can indeed very much help children with severe epilepsy, and it often works very well to subdue and control extreme pain associated with arthritis, cancer, amputations, etc., etc. MJ can also help lower intraocular pressure in glaucoma. 

 

Also, the US Government owns several medical-use patents for the use of MJ which were developed with taxpayers money and by government scientist. 

 

Don't take my word for any of this. Use Google Scholar to find the medical studies and reports. Or maybe you don't want to be confused by facts and prefer to just make up fake facts to support your preconceived opinions.  

Edited February 28, 2018 by HerbalEd

[mtls2005]

Just say "No".

 

 

[HerbalEd]

6 minutes ago, mtls2005 said:

Just say "No".

 

 

Just say "mo."

[curtklay]

 

"Don't take my word for any of this. Use Google Scholar to find the medical studies and reports. Or maybe you don't want to be confused by facts and prefer to just make up fake facts to support your preconceived opinions." 

 

We should expect an unbiased opinion from someone named "Herbal Ed"?

 

There is evidence of medicinal benefits of marijuana, and it should not be denied to those who can truly benefit. That decision should be made by their doctor. Much more research needs to be done before we start selling it at 7-11.

Edited February 28, 2018 by curtklay

[The Old Bull]

19 hours ago, Slip said:

"The effect on vehicle drivers is not much different from that of alcohol"

 

How do you know that?

It's different a lot of people drive faster when full of booze. I got into some good hash about thirty years ago and  drove home. The road was flying by at a huge rate and I was hanging on staying between the lines was difficult. Then I looked at my speedometer I was doing 30mph. Make what you want of it but that's what happened.

[HerbalEd]

52 minutes ago, curtklay said:

 

"Don't take my word for any of this. Use Google Scholar to find the medical studies and reports. Or maybe you don't want to be confused by facts and prefer to just make up fake facts to support your preconceived opinions." 

 

We should expect an unbiased opinion from someone named "Herbal Ed"?

 

There is evidence of medicinal benefits of marijuana, and it should not be denied to those who can truly benefit. That decision should be made by their doctor. Much more research needs to be done before we start selling it at 7-11.

You can call it bias if you want, but I would call a forty-year career in the study and work experience in the  history, ethnobotany, ethnopharmacology, chemistry, toxicolagy, cultivation, manufacture, and dispensing of herbal medicine a very well-informed "bias", and one that's backed up by many years of studying the pharmaceutical and medical research of medicinal plants.