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.
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.
“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’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.
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.