Civic Register
| 2.27.18

Judge Dismisses Lawsuit Challenging Federal Pot Policy

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UPDATE: February 27, 2018: A Federal District Court in Manhattan has dismissed a request to change marijuana's Schedule I classification. The lawsuit had sought to legalize cannabis under federal law.

The judge ruled that the plaintiffs had failed to take the necessary first step of asking the Drug Enforcement Administration (DEA) to remove pot from its list of dangerous substances.

“As such, plaintiffs' claim is barred because plaintiffs failed to exhaust their administrative remedies,” the judge wrote.

Read Countable's original story below.

What’s the story?

Opening arguments have begun in a lawsuit challenging the constitutionality of classifying marijuana as a Schedule I narcotic under the Controlled Substances Act (CSA)—the same class as LSD, meth, and heroin.

"Classifying cannabis as a ‘Schedule I drug’ is so irrational that it violates the U.S. Constitution," the 98-page suit argues. Schedule I drugs are those with “no currently accepted medical use and a high potential for abuse.”

Why does it matter?

The suit was filed in Federal District Court in Manhattan in July against Attorney General Jeff Sessions, the Department of Justice, and the Drug Enforcement Administration (DEA).

The plaintiffs include former NFL player Marvin Washington, the co-founder of a hemp-based sports performance product company; a 12-year-old who takes marijuana to control her epilepsy; and Jose Belen, an Iraq War veteran who uses marijuana for his PTSD.

"Once I did use cannabis, immediately I felt the relief," said Belen. "I went to Iraq to free the oppressed and I view this no different. The oppression is only being done by our own government."

Besides a host of constitutional arguments, the lawsuit presents a historical world tour of marijuana use and includes quotes by the Founding Fathers on their use of the drug. James Madison credited "sweet hemp" for giving him “insight to create a new and democratic nation,” according to the suit.

Government attorneys are expected to argue that the law is well-grounded and the case should be dismissed. In an earlier court filing, the lawyers said the Trump administration "uniformly rejects the notion that there is a fundamental right to use marijuana, including for medical purposes."

What do you think?

Should marijuana remain a Schedule I drug? Is there "a fundamental right to use marijuana"? Hit Take Action and tell your reps, then share your thoughts below.

—Josh Herman

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(Photo Credit: Bill Oxford / iStock)