Americans For Safe Access Lose Bid To Reschedule Marijuana

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In a blow to Medical marijuana backers’ across the country, Americans for safe access lost its bid to ease the federal stranglehold on medical marijuana. The argument was rejected by a U.S. Court of Appeals which ruled the DEA properly categorized marijuana in the DEA’s most-dangerous category… Schedule one.

On October 16, 2012 the D.C. Circuit heard oral arguments in the ‘Americans for Safe Access v. DEA,’ a legal challenge to the government’s contention that cannabis has no medical use. ASA argued that the DEA acted improperly in denying a petition to reclassify cannabis as having medical use. The panel of three judges focused on whether ASA had a legal basis for suing the government. Source

As many know… the Americans for Safe Access appeal stated the feds had acted indiscriminately and impulsively in rejecting the claim that marijuana could be a benefit to millions of sick and dying patients all over the U.S.  – The Court of Appeals obviously disagree.

Marijuana is currently stuck in the classification as a ‘controlled substance,’ labeled as having a high potential for abuse… Additionally the Court of Appeals ruled that marijuana has no currently accepted medical use, lumping weed in with drugs like acid, heroin and ecstasy.

Same as it ever was…*sigh

 

 

  

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  • BiggDaddyLurch

    Since they CONTINUE to claim it has ” NO MEDICINAL VALUE”, then the feds should have to relinquish their medicinal patent on cannabis and cannabis by products!

  • ScrogBetty

    Update from NORML

    In a 28-page decision, the US Court of Appeals for the District of Columbia Circuit has denied petitioners request to overturn the July 2011 denial by the Drug Enforcement Administration to initiate proceedings to reschedule marijuana under federal law.

    In October 2002, the Coalition to Reschedule Cannabis, a coalition of reform organizations including NORML, ASA, Patients Out of Time and High Times, among others, petitioned the DEA to reschedule marijuana as a Schedule III, IV, or V drug. Following years of administrative delay, on July 8, 2011, the DEA denied the petition, finding that “[t]here is no currently accepted medical use for marijuana in the United States,” and that “[t]he limited existing clinical evidence is not adequate to warrant rescheduling of marijuana under the CSA.”

    Petitioners then sought review in the federal Court of Appeals, alleging the decision by the DEA was arbitrary and capricious when it concluded that marijuana lacks a “currently accepted medical use” and has a “high potential for abuse.” They ask this court to remand the case to the DEA for reconsideration of its decision.

    Written by Senior Circuit Judge Edwards, the decision ruled “On the record before us, we hold that the DEA’s denial of the rescheduling petition survives review under the deferential arbitrary and capricious standard. The petition asks the DEA to reclassify marijuana as a Schedule III, IV, or V drug, which, under the terms of the CSA, requires a ‘currently accepted medical use.’ The DEA’s regulations, which we approved in Alliance for Cannabis Therapeutics v. DEA, 15 F.3d 1131 (D.C. Cir. 1994), define ‘currently accepted medical use’ to require, inter alia, ‘adequate and well-controlled studies proving efficacy.’ Id. at1135. We defer to the agency’s interpretation of these regulations and find that substantial evidence supports its determination that such studies do not exist.

    “In its scientific and medical evaluation,” the court held, “DHHS concluded that marijuana lacks a currently accepted medical use in the United States. In reaching this conclusion, DHHS applied the DEA’s established five-prong test, which requires a known and reproducible drug chemistry, adequate safety studies, adequate and well-controlled studies demonstrating efficacy, acceptance of the drug by qualified experts, and widely available scientific evidence.”

    “We will not disturb the decision of an agency that has ‘examine[d] the relevant data and articulate[d] a satisfactory explanation for its action including a rational connection between the facts found and the choice made.’”

    In this case, we need only look at one factor, the existence of “adequate and well-controlled studies proving efficacy,” to resolve Petitioners’ claim.

    At bottom, the parties’ dispute in this case turns on the agency’s interpretation of its own regulations. Petitioners construe “adequate and well-controlled studies” to mean peer-reviewed, published studies suggesting marijuana’s medical efficacy. The DEA, in contrast, interprets that factor to require something more scientifically rigorous.

    In making this assessment, we must “remind ourselves that our role in the Congressional scheme is not to give an independent judgment of our own, but rather to determine whether the expert agency entrusted with regulatory responsibility has taken an irrational or arbitrary view of the evidence assembled before it.

    The DEA’s construction of its regulation is eminently reasonable. Therefore, we are obliged to defer to the agency’s interpretation of “adequate and well-controlled studies.” Judged against the DEA’s standard, we find nothing in the record that could move us to conclude that the agency failed to prove by substantial evidence that such studies confirming marijuana’s medical efficacy do not exist.”

    Petitioners are considering their legal options at this time.

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