For the very first time in history the United States Government will have to answer to the judiciary about the scheduling of cannabis and its unconstitutionality.  Jeff Sessions, the DEA, and the DOJ will all have to stand trial that will determine the constitutionality of the Controlled Substances act.  This is the first time that a trial to legalize cannabis based on the constitutionality of the controlled substances act was not immediately dismissed at the federal level.  There has been an instance where a judge ruled for congress to fix it.  All of the defendants will have to get recorded depositions.  This is great news for the plaintiffs in the case which include Army combat veteran, Jose Belen, former NFL player Marvin Washington, 11 year old Alexis Bortell who uses cannabis to treat her epilepsy, Jagger Cotte

alexis bortell medical marijuana

The developments are also welcome news for cannabis advocates around the country.  If this lawsuit is successful, it would mean the scheduling of cannabis will be ruled unconstitutional and completely de scheduled federally.  Some of the best quotes from the 80+ page filing in federal court can be found below.Marvin Washington medical marijuana

“Despite the relatively recent stigmatization of cannabis in the United States as a supposed ‘gateway drug’ used primarily by ‘hippies’ and minorities, there is a long and rich history of people from virtually every part of the world using cannabis for medical, industrial, spiritual, and recreational purposes,” the suit reads. “Indeed, those who have cultivated, encouraged the cultivation of, and/or used cannabis include, George Washington, Thomas Jefferson, John Adams, James Madison, James Monroe, Abraham Lincoln, John F. Kennedy, Jimmy Carter, Bill Clinton, and Barack Obama — an assortment of the most intelligent and accomplished statesmen in American history.”

 

jose Belen cannabis jeff sessions

“Jose’s treatment providers at the Veterans Administration informed Jose that they are unable to prescribe medical cannabis because it is illegal under the CSA,” reads the suit, referring to Belen, the military veteran.

“We are seeking a ‘declaration’ to that effect, and also a permanent injunction restraining enforcement of the CSA as written, as it pertains to cannabis,” said Lauren Rudick, one of the plaintiffs attorneys. “The classification of cannabis as a Schedule I drug deprives individuals of basic constitutional rights, including Due Process and the fundamental right to travel. Some of these individuals, such as Alexis Bortell and Jagger Cotte (both plaintiffs in the action) are patients who seek cannabis as a means of life-saving medication. The government has a federal patent on cannabis, and has recognized the medical efficacy of cannabis in a variety of ways, yet Sessions is trying to reverse policy on cannabis use and contend that it has no medical use. It’s hypocritical.” 

 

One thing is for sure, Jeff Sessions and the federal government will not go down without a fight.

jeff sessions medical marijuana

 

Our neighbors to the north in Canada only had their rights recognized after challenging medical marijuana as a right through the courts.  It appears this is how the Jeff Sessions legacy is about to be written.  Instead of doing the right thing, his Justice Department will be forced to recognize the rights through the court system.  

Please share this with your friends and make sure everyone keeps up to date on the developments in the case.

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Leave a Reply

    1. Robert Roundtree Listing Owner

      The federal government will be held accountable at some point, and we are hopeful this is the beginning of the end for them.

    2. Vera Krull

      I suffer from CRPS disease and in my worst moment it helps to Stop shaking so uncontrollable muscle movements

    3. Diane Johnson

      No one can put a patent on a plant that has been used medicinally for hundreds of years! This is ludicrous and indeed will never hold up in a court of natural law. Of course, I do not know about maritime law which most of the courts of endorsed.

    4. jbm2020

      How does the rest of America list their name on the law suit.

  1. Tirzha Alcaide

    Finally something is getting done.

  2. Mike Parent

    The DEA and the DOJ have some heavy baggage to deal with;
    Govt says Sched l is untenable.
    https://www.ncbi.nlm.nih.gov/pmc/articles/PMC3358713/.

    “Based on evidence currently available the Schedule I classification is not tenanble; it is not accurate that cannabis has no medical value, or I information on safety is lacking.”

    https://www.drugabuse.gov/publications/research-reports/marijuana/marijuana-gateway-drug
    “The majority of people who use marijuana do not go on to use other, “harder” substances. ”

    DEA lied
    http://illegallyhealed.com/former-dea-spokeswoman-marijuana-safe-dea-knows/

    http://blog.sfgate.com/smellthetruth/2017/02/14/dea-removes-false-marijuana-facts-from-website/

    FACT  Marijuana is less addictive and less harmful than Caffeine, let alone Alcohol And Tobacco; (3 Scientific Studies)
    BTW, Dr Henningfield is a former NIDA Staffer;.
    Addictiveness of Marijuana- ProCon.Org
    procon.Org/view.background-resource.php?resourceID=1492

  3. Mark Steven Gamble

    May CANNABIS become Descheduled once and for all through the courts…

  4. Jon Donnelly

    2017 and cannabis according to the government, is still as dangerous as heroin ,time somebody wakes up and smell the weed,make it legal.

  5. Jeremy Collins

    Please..Please get cannabis descheduled ..I am not a criminal

  6. Tom

    Any link to the filings or status of the lawsuit proceedings?

  7. Angie

    I don’t see how zero deaths ever & super nutrition as a complete food…how did government…never mind…the answer is lies & force & loads & loads of our wasted tax dollars…down the toilet …so they could invest & benefit from prohibition of this super food our Endocannabinoid System needs…yes including kids…cannabinoids are in mothers milk. Smoking anything is a parental discipline not governments…parents want to feed cannabis to kids to strengthen their immune system as with any other food. If this is the way government treats fruits & veggies…grapes, apples, blackberries, any fruit or veggie that can be turned into wine..is therefore a drug. The government has gone as far as to make the Sassafras Trees a schedule one drug as well…can anyone not see how absurd this all is ? End The Drug War ..addicts are people …not criminals …illegal & scarce, costly & unsafe turns people into criminals. Help don’t harm….

    1. Robert Roundtree Listing Owner

      The actual date has not been set by the Federal Judge, but we will let you know first. The motion to dismiss was denied and the trial will proceed.

  8. Sammie

    I certainly hope so, I am a Florida resident a widowed parent of 3 and was on opiates and benzodiazepines for 14 years strait. I stopped these medications in 2014 and have not used anything except cannabis l am lucky to be alive. I cultivate my own cannabis and dont like living in fear of persecution for a plant that I need to live.

  9. Trevor Matthews

    Amen. I pray it is once and for all decriminalized and legalized for medical purposes , spiritual and recreational purposes.

  10. Donna Miller

    So glad to hear this good needed news! It’s time to make changes we are in 2017 people and circumstances have changed.

  11. Jamie

    It’s upsetting that it has to go this far. This is what happens when you’ve got a DEA funded by pharmaceutical companies alcohol companies.

  12. Mike L. Wallace Jr.

    The creation of Marijuana Prohibition deprived our bodies important Endocannabinoid Systems of necessary Cannabinoids. Which threw our bodies Homeostasis Out of Whack & created many illnesses. Now after many Generations of Cannabinoid Deficient parents later. Children are being born with & early developing Horrible illnesses , Mental Health Conditions & Cancers. It would not be a stretch to say that most illnesses of today Relieved by Marijuana are caused by Cannabinoid Deficiencies. Marijuana needs to be Legalized Nationwide to Relieve the Suffering , Save Lives & take a massive burden off of Healthcare. But Congress has long decided to drag their feet on this issue or promote Medical Marijuana. Medical Marijuana requires we develop illnesses (Like Cancers) RISKING DEATH before going to a Doctor to try to get a Prescription. Marijuana needs to be Legal like Recreational Marijuana access which Fights illnesses , Prevents illnesses & Protects Future Generations from Birth Defects & Early Life illnesses. Marijuana has been Researched the Fuk out off across America & in Prominent Countries. Jeff Sessions , The DEA , FDA & NIDA are all Bias towards Marijuana. Marijuana is 100% Safer than Alcohol for Mature Responsible Adults. Ingesting Marijuana raw fresh unheated , not dried or aged creates no psychoactive effects. When America becomes a Happy Healthy Marijuana Healing Society. I hope to see Marijuana sold in grocer produce sections & in restaurants as salads or smoothies. Punish the War Criminals that kept Marijuana illegal allowing Adults , Seniors & Children to Suffer Horribly & / or Die.

  13. Joel Gardberg

    Cannabis became a schedule 1 drug because of William Randolph Hearst, the newspaper tycoon. He owned vast timber lands and when it was discovered that hemp made better paper than trees, he used his influence in Congress to outlaw it. The law is hypocritical since gov’t gives away marijuana to people with severe medical conditions.

  14. Jenifer

    Keep Marijuana as a illegal drug by Federal law and then allowing states makes it very hard for people who use it to be able to travel. As far as I am concerned if you are medical marijuana program your card should allow you to at least travel to different states. Also the other issue they are taking opiate medication from chronic pain patients at it is certainly better for them to try marijuana then to go to the street to buy opiate where you have no clue. I have smoked marijuana before and the only thing that happen was a buzz that was about the same as one hard drink.
    It is also very hard to OD on marijuana unless you are using in cookies and take Ning it orally.

    1. Robert Roundtree Listing Owner

      Make sure you’re ready to voice your support when it goes to trial in New York.

      1. TjaX

        What would this mean for people currently incarcerated or pending trial for the substance? Very interesting. Any idea when this is going to trial? Feel like the current news outlets would be accidentally forgetful to break this news to the masses, like the failing votes on the matter during elections.

  15. Chuck shilling

    Bout time I would like to see it finally legalized and have it dropped out of schedule 1 which was bullshit anyway

  16. SL

    No sources listed, I wouldn’t believe this quite yet as this is the one and only report of this.

  17. James Osteen

    Thanks everybody for fighting For what is right for us humans taking synthetic drugs the doctors and pharmaceutical companies are shoving down our throat. It’s natures way of curing us and believe me it’s better than taking handfuls of Norco all day for my pain which turns you into an animal leaves you with no soul I want a soul my Daughter wants her dad back now not a Solis pill popper

  18. Robert Dewitt

    Beautiful, it’s about time, the feds and the police
    Have been using this excuse to confiscate peoples
    Cars, homes and anything else for their operating
    Profit. Least to say putting a lot of people in Prison
    For just being users. Time to take the stigma off this natural God given plant, and use it with out fear of being labeled a Criminal.

  19. John Pack

    Sessions is the klu kluks Keebler. He is a bad person should not be allowed in any office.

  20. Brenda Larrain

    Politicians who are bought through campaign contributions should not be allowed to make decisions related to the business that bought them, in fact, politicians should not be allowed to accept contributions from these bigger than life businesses. Laws based on biased, uneducated decisions do NOT represent the people of America. It only lines politicians pockets only, despite the people negatively affected by their biased, uneducated decisions . I hope their greediness comes back to bite them in the ass with this action. Finally, common sense is going to become their Big Brother.

  21. Russ Jensen

    Whats the big deal?? Title 21-the so-called Controlled Substance Act does not have force and effect tot he General population in the Union States if you people would learn how your government really is structured and how there are no implementing regulations for Title 21, at least the majority of the sections in the code. No implementing regulations mean NO LAW for the people, it is regulations and rules that apply in the District of Columbia, the Territories, and Insular Possessions and to OFFICERS AND EMPLOYEES OF THE UNITED STATES.

    The Attorney General only has authority delegated to investigate and prosecute OFFICERS AND EMPLOYEES OF THE UNITED STATES for violations of Title 18. See Title 28 section 535 for verification.

    Title 18 also does not have Implementing Regulations in the CFR so it

    PLEASE PEOPLE LEARN HOW TO READ!!!!
    https://www.facebook.com/Constitutional-Cannabis-1218091944921983/

    1. TjaX

      ….then why are people in jail for this?

  22. Rick Forbes

    Actually, I thought this would have happened a year or two ago when the federal judge accepted scientific evidence of the medicinal value of herbal cannabis in an appeal of a criminal conviction. The defendants lost the cast but the evidence was accepted as a credible scientific fact for the first time by a federal judge. If this suit is successful it was the federal case a couple years ago that made this possible.

  23. Karen Buchko

    Please be advised that a generation of 40 plus yrs of age have fought for our freedom of choice against alcohol and big bad pharma we want our rights to choose not your right to impede your judgement against us.

  24. Teresa Simpson

    Is way past time to use alternative healing legally!!

  25. Michael Wallick

    I have had 4 back surgeries. I still have two more herniated discs that are inoperable. I worked hard all my life. I have the right to use marijuana to help with the pain. I still have to take opiates but far fewer than prescribed so I am not in danger of opiate addiction!!!!! I did hard drugs back in the 80’s but now only weed. Pot IS NOT a gateway drug. Most pot smokers I know are totally against hard drugs and are proud of Marijuana’s safety record of no overdoses or deaths. Look at all the people marijuana has helped because of other conditions!!!!

  26. Ted Savage

    I sure hope that this isn’t (fake news). I know for an absolute fact that Marijuana does help with my nerve pain from a lightning strike while in the Army. I have been praying to see this day before I die, As I said, I sure hope this is not fake news I am worn out every day from the pain and the VA is of very little use except for the Gabapentin that I get from there. If it weren’t for that medicine I totally believe that my very damaged heart would have given out from the constant shooting nerve pain.

  27. Federal Judge Says DOJ Must Answer For Marijuana Being Classed As A Class 1 Drug – Truth Troubles

    […] Robert Roundtree  November 2, 2017 41 Comments […]

  28. Willem Malten

    Cannabis is a plant for the suffering in our time. In all kinds of ways; medical and spiritual, intergenerational, ecological, even bridging the races. Teaching and planting Cannabis in all its diverse forms and uses, is a step towards healing our relationship with our mother.

  29. Michael Galipeau

    FOR IMMEDIATE RELEASE Media Contacts:
    Dr. Uma Dhanabalan : upliftinghealthandwellness@gmail.com
    Wendy Turner: coltynscrue@yahoo.com
    Wendy Love Edge : wendy@bulldozerhealth.org

    On November 14-16, Cannabis patients from Massachusetts, Connecticut, Rhode Island, Colorado, Maryland, Illinois and Arkansas will come together in Washington D.C. to make their voices heard.

    With all the controversy surrounding cannabis in Congress and the Department of Justice, these patients want to speak to Legislators about the importance of cannabis in their lives and ask the Federal government to release the choke hold, the stigma and the propaganda surrounding cannabis in government policy.

    In many cases, cannabis has saved these patients lives…

    Coltyn (17) and Marley (10) both suffer from debilitating Crohn’s Disease. When all westernized medications failed, their parents took a chance on cannabis and moved their families to Colorado to legally access cannabis. For Coltyn, it’s been almost 4 years in remission using cannabis only. For Marley, it’s been almost a year. Common pharmaceuticals prescribed for their disease almost killed them but cannabis has saved their lives. The effects of cannabis on these two children have been nothing short of a miracle. They are kids again, kids who are not in pain or spending most of their days in the bathroom or a hospital. The “side effects” of cannabis have improved their quality of life by allowing them to eat and gain weight. And they don’t get high!

    Our veteran friends, Cody, Mike and Matt have made significant strides overcoming PTSD. Many veterans with extreme violent tendencies, including suicide, self harm and harm to others are living healthy productive lives using cannabis and off the opioid cocktail being pushed by the V.A. These are men and women who gave their lives to protect our country and to deny them the chance to use a medication that works for them and has a history of successful use in Vietnam Veterans, we as Americans fail to honor the sacrifices made by our military warriors.

    Wendy, a pain patient, came off 14 pharmaceutical drugs after being diagnosed with acute dermatomyositis, a painful auto immune disorder where your body literally eats your skin and muscle cells, by using cannabis. The opioid crisis is real. Wendy is a perfect example of how cannabis can be a more effective treatment for pain than many prescribed medications. Cannabis is being considered for its potential as a harm reduction alternative to opioid pain management. Wendy felt so strongly about cannabis medicine she founded a non-profit organization called Bulldozer Health Inc. to help patients gain access to cannabis medicines and doctors that will help manage cannabis treatments.

    “Cannabis is not an entrance drug, it is an exit drug from pharmaceuticals, narcotics and alcohol.” Dr. Uma Dhanabalan MD MPH FAAFP

    Dr. Uma Dhanabalan MD MPH FAAFP, is a highly respected physician trained in Family Medicine and Occupational & Environmental Medicine. She is a Fellow of the American Academy of Family Physicians and a Diplomat Certified in Cannabinoid Medicine. Dr. Uma is dedicated to “educating, embracing and empowering” her patients while promoting cannabis as a treatment option.

    The Cannabis patients are PROUD to be accompanied by Dr. Uma on this most significant journey. She has stood by cannabis patients with love, understanding and respect and foremost remembering the moral and ethical code she, as a physician, abides by. “First, do no harm.”

    Cannabis is a food and natural supplement to the endocannabinoid system. If cannabis is taken away from the thousands of patients by the fear mongering, propaganda and lack of education of many of our legislators, many of these patients will die.

    We are here to save lives! To show the world that Crohn’s doesn’t have to debilitate, that a veteran’s mind can be unlocked from the trauma they hold, that pain can go away, that cannabis can save lives.

    I’m mentioned in the press release as I will be joining this group of patients to share my personal testimony in DC after Veterans Day. #GodblessAmerica, and #thisiswhatIfoughtfor

  30. Kim Morgan

    I would like to be a advocate for marjunia, i have bipolar and have been able to come off my lithium in which I’ve been on for 18yrs. I have also cut down on my muscle relaxers due to taking a tote and relaxing. I have come off of seroquel for sleeping, the relaxing has help me sleep thru the night. I have cut my seizure meds in half. Nauseating? Yes marijuana is best for me with nausea and helps with my appetite (I don’t eat at all, only get hungry and crave food when I smoke. The pain, i have CHRONIC PAIN, Although I still have to take a pill for pain I am taking less and able to actually feel like getting up to do housework. And depression its the best.. I don’t want to live on all these pills the rest of my life
    #lupus,degenerativedisk,bipolar,CRONICPAIN,FIBROMYALGIA, NECKFUSED,
    TIME FOR FREEDOM OF CHOICE

  31. Matthew Back

    Big pharmaceutical companies are right now scrambling to get in the cannabis industry and othe companies(oil) will fight tooth and nail to keep it illegal.

  32. RICK

    GET THAT OLD MAN OUT ……..MY GRANDFATHER IS STUCK IN HIS OLD WAYS AND WILL NOT CHANGE…..HE GETS MAD WHEN HE CAN’T HAVE HIS WAY……NO DIFFERENCE WITH JEFF SESSIONS….PUT HIM IN A NURSING HOME…

  33. Deborah Stuart

    The Schweder case in Californias Eastern District challenged the Constitutionality of Schedule I. Judge Mueller rulled that Congress needed to fix it. Lot of good evidence was presented

  34. beth curtis

    Marijuana needs to be removed from the Controlled Substance Act’s Schedule. Nonviolent marijuana only offenders serving sentences of life without parole or defacto life without parole need to be released.

  35. Billli

    I hate this guy and his dumb stupid face. He looks pissed off all the time like his eyes are about to pop out of his head. The idiot needs a hit, or at least a fucking beer. People like this need to chill the fuck out and have a drink and shut up.

  36. Phil

    Since pot was popular with the black population and the musicians, scheduling it was an easy way to lock up blacks and counterculture types with it appearing to be eliminating a public scourge instead of racism and imposing morals on others. The fact that Dupont had developed nylon just before pot prohibition makes me wonder if big money was also trying to eliminate the use hemp for rope and cloth to increase the market for Dupont.

  37. Dally

    I was on prescribed narcotics for 10yrs for chronic pain and i was taking 360 mg aday, and when I asked the pain doc to up it he said he could not cuz the government only allows 160 mg aday my tolorence was way up there, out of that 10 yrs, for 5yrs I started to abused it, cuz they would not up my mg, so at the end of it all I started using pot to help with the pain, and not long after that the pain clinic started per test for THC and told me if they found THC in my system, they were kicking me out of pain management, and made me sigh a paper, long story sort, I said FUCK you and quit, was not fun but I did it and have been clean since 4 and half years , and using cannabis for pain ever since. The narcotics all most killed me

  38. William Clark

    A little respect for history, please. No one should promote the canard that marijuana is dangerous–inherently toxic–like pharmaceutical drugs. Marijuana is not a ‘drug’, unless we lean heavily on Merriam-Webster’s third and broadest definition, as something that affects the mind. By that definition, religion and television (‘the plug-in drug’) should also be included. In truth marijuana is a medicinal herb, cultivated, bred, and evolved in service to human beings over thousands of years.

    “The Nixon campaign in 1968, and the Nixon White House after that had two enemies: the anti-war left and black people. We knew we couldn’t make it illegal to be either against the war or black, but by getting people to associate the hippies with marijuana and blacks with heroin, and then criminalizing both heavily, we could disrupt those communities. We could arrest their leaders, break up their homes, break up their meetings, and vilify them night after night on the evening news. Did we know we were lying about the drugs? Of course we did.” –John Ehrlichman

    Activists have since found that some alcoholics are using marijuana to escape their addictions to The Demon Rum. Here prohibition of cannabis has been built on a tissue of lies: Concern For Public Safety. Our new laws save hundreds of lives every year, on our highways alone. In November of 2011, a study at the University of Colorado found that in the thirteen states that decriminalized marijuana between 1990 and 2009, traffic fatalities dropped by nearly nine percent—now nearly ten percent in Michigan—more than the national average, while sales of beer went flat by five percent. No wonder Big Alcohol opposes it. Ambitious, unprincipled, profit-driven undertakers might be tempted too.

    In 2012 a study released by 4AutoinsuranceQuote revealed that marijuana users are safer drivers than non-marijuana users, as “the only significant effect that marijuana has on operating a motor vehicle is slower driving”, which “is arguably a positive thing”.

    No one has ever died from an overdose of marijuana. It’s the most benign ‘substance’ in history. Most people—and particularly patients who medicate with marijuana–use it in place of prescription drugs or alcohol.

    Marijuana has many benefits, most of which are under-reported or never mentioned in American newspapers. Research at the University of Saskatchewan indicates that, unlike alcohol, cocaine, heroin, or Nancy (“Just say, ‘No!’”) Reagan’s beloved nicotine, marijuana is a neuroprotectant that actually encourages brain-cell growth. Researchers in Spain (the Guzman study) and other countries have discovered that it also has tumor-shrinking, anti-carcinogenic properties. These were confirmed by the 30-year Tashkin population study at UCLA.

    Drugs are man-made, cooked up in labs, for the sake of patents and the profits gained by them. Often useful, but typically burdened with cautionary notes and lists of side effects as long as one’s arm. ‘The works of Man are flawed.’

    Marijuana is a medicinal herb, the most benign and versatile in history. In 1936 Sula Benet, a Polish anthropologist, traced the history of the word “marijuana”. It was “cannabis” in Latin, and “kanah bosm” in the old Greek and Hebrew scrolls, quite literally the Biblical Tree of Life, used by early Christians to treat everything from skin diseases to deep pain and despair. Why despair? Consider the current medical term for cannabis sativa: a “mood elevator”. . . as opposed to antidepressants, which ‘flatten out’ emotions, leaving patients numb to both depression and joy.

    The very name, “Christ” translates as “the anointed one”. Well then, anointed with what? It’s a fair question. And it wasn’t holy water, friends. Holy water came into wide use in the Middle Ages. In Biblical times, it was used by a few tribes of Greek pagans. And Christ was neither Greek nor pagan.

    Medicinal oil, for the Prince of Peace. A formula from the Biblical era has been rediscovered. It specifies a strong dose of oil from kanah bosom, ‘the fragrant cane’ of a dozen uses: ink, paper, rope, nutrition. . . . It was clothing on their backs and incense in their temples. And a ‘skinful’ of medicinal oil could certainly calm one’s nerves, imparting a sense of benevolence and connection with all living things. No wonder that the ‘anointed one’ could gain a spark, an insight, a sense of the divine, and the confidence to convey those feelings to friends and neighbors.

    Don’t want it in your neighborhood? Maybe you’re not the Christian you thought you were.

    Me? I’m appalled at the number of ‘Christian’ politicians, prosecutors, and police who pose on church steps or kneeling in prayer on their campaign trails, but cannot or will not face the scientific or the historical truths about cannabis, Medicinal Herb Number One, safe and effective for thousands of years, and celebrated as sacraments by most of the world’s major religions.

  39. lovingc

    The U.S. Patent Office issued patent #6630507 to the U.S.Health and Human Services filed on 2/2/2001. The patent lists the use of certain cannabinoids found within the cannabis sativa plant as useful in certain neurodegenerative diseases such as Alzheimer’s, Parkinson’s, and HIV dementia.
    Explain that Jeffy boy. Your ignorance and obsession with cannabis is comical except it is harming thousands of people that have found relief from their ailments.