Federal lawsuit against Sessions and DEA says marijuana’s Schedule I status unconstitutional
Plaintiffs claim the classification of cannabis as a
Schedule I substance is so “irrational” that it violates the U.S.
Constitution.
By Alex Pasquariello,
A
diverse cadre of cannabis advocates filed a federal lawsuit Monday
challenging the constitutionality of the Controlled Substances Act (CSA)
as it pertains to marijuana.
Attorney General Jeff Sessions and Drug Enforcement Agency acting
administrator Charles Rosenberg were named as defendants in the lawsuit
brought by a former NFL player, two children using medical marijuana, an
Iraq War vet with post-traumatic stress disorder and a social justice
nonprofit organization.
The CSA’s classification of cannabis as a Schedule I substance – a
designation reserved for the most dangerous substances including heroin,
LSD and mescaline – is so “irrational” that it violates the U.S.
Constitution, plaintiffs claim.
The 89-page complaint, filed in the Southern District of New York by
attorney Michael S. Hiller, further claims that the federal government
does not believe and never has believed that cannabis meets or ever met
the three Schedule I requirements: high potential for abuse, no medical
use in treatment, and no ability to be used or tested safely, even under
medical supervision.
“Indeed, the Federal Government has admitted repeatedly in writing
and implemented national policy reflecting that Cannabis does in fact,
have medical uses and can be used and tested safely under medical
supervision,” the complaint states. “On that basis, the federal
government has exploited cannabis economically for more than a decade by
securing a medical cannabis patent and entering into license agreements
with medical licensees.”
The lawsuit goes on to state that the 1970 CSA as it
pertains to cannabis was enacted and subsequently implemented not to
stop the spread of a dangerous drug, but instead to suppress the rights
of African Americans and Vietnam War protesters.
“The Nixon Administration ushered the CSA through Congress and
insisted that cannabis be included on Schedule I so that African
Americans and war protesters could be raided, prosecuted and
incarcerated without identifying the actual and unconstitutional basis
for the government’s actions,” the complaint states.
The lawsuit seeks a declaration that the CSA is unconstitutional; a
ruling in the plaintiff’s favor would not nullify the law, but instead
put a permanent injunction against enforcement of the law as it pertains
to marijuana.
The five plaintiffs in the case are a diverse group of cannabis advocates from around the country.
Retired NFL defensive end Marvin Washington of Dallas, a long-time cannabis legalization proponent,
is suing because the CSA makes him ineligible to obtain grants under
the Federal Minority Business Enterprise program to start a medical
marijuana business.
Alexis Bortell, 11, uses medical cannabis to treat her intractable
epilepsy. Her parents – both military veterans – moved their family from
Texas to Larkspur, Colo., so that she could access the medicine that
her family says drastically improved her seizure condition. She is suing
because the CSA restricts her ability to travel freely with her
medicine and also because the federal illegality of cannabis forbids her
from fully accessing the benefits due her as the child of a military
veteran.
When he was just 1, Jagger Cotte of DeKalb County, Ga., was put in
hospice care, diagnosed with deadly Leigh’s Disease. His parents turned
to medical cannabis with hopes of relieving his near constant pain and
believe it has extended his life. Now 6, Jagger relies on medical
cannabis and, like Alexis, is suing because the CSA takes away his right
to travel by airplane or travel to or through states in which medical
cannabis is illegal.
Jose Balen, 34, of Seminole County, Fla., served in the U.S. Army and
was deployed to Iraq for 14 months starting in May 2003. Today, he uses
medical cannabis to treat PTSD, and is suing for the right to safely
enter a military base, travel by airplane, and travel to states where
medical cannabis is illegal.
New York’s Cannabis Cultural Association
is a 501(c)3 helping marginalized and underrepresented communities
engage in the legal cannabis industry; fighting for criminal justice
reform; improving access to medical cannabis; and advocating for adult
use legalization. The group is contends that the CSA was enacted and
enforced in a discriminatory manner historically targeting populations
of color and today prevents them from participating in the legal
cannabis industry.
No comments:
Post a Comment