Federal Appeals Court Rejects Marijuana Reclassification

 by lucy

On Tuesday morning, a federal appeals court panel has rejected Americans for Safe Access’ (ASA) petition to reclassify marijuana from a Schedule I substance.

This case involves a 10 year old petition from the ASA and other medical marijuana advocates who asked to have marijuana rescheduled.  On June 21, 2011, the DEA rejected that request and subsequently ASA filed an appeal.

By keeping marijuana classified as a Schedule I substance, the court is asserting that the DEA decided to label marijuana a dangerous drug with no accepted medical use in a logical and reasonable way.

In the panel’s opinion, they wrote, “The question before the court is not whether marijuana could have some medical benefits,” but rather whether the DEA’s decision to reject reclassification last year was “arbitraty and capricious.”  The court decided that the DEA’s decision survived review  by that standard because there was “substantial evidence” to back up the DEA’s claims that they could not find studies citing an acceptable medical use for the drug.

Marijuana will now remain a Schedule I controlled substance, putting it on par with LSD, ecstasy, and heroin.



17 Responses so far | Have Your Say!

  1. 2

    Mike-420 said on Jan 22, 2013

    Holy fucking jesus christ. Theres so much god damn red tape behind all this its no suprise the courts ruled the way they did.. Congress is the only chance we have at changing the drug laws on a federal level.

  2. 1

    KAI said on Jan 22, 2013

    God damn it, they go research, find the answer, and then lie to us "it's SOOO horrible"
    Stupidity is worse than a drug

  3. 0

    eddie273273 said on Jan 22, 2013

    Why is any one surprised by this ruling .
    Even though there are reams of evidence that show marijuana to be harmless the court only looked at evidence that DEA provided .
    That's awfully one sided and seems unjust if you ask me .

    • 4

      lucy said on Jan 22, 2013

      The job of the court of appeals wasn't to evaluate the DEA's evidence, it was to determine if the DEA came to their decision inappropriately. The court of appeals, in this case, wasn't denying that there's medical value necessarily, but they were saying that the DEA went about the process appropriately and fulfilled the requirements of proof.

      Sucks either way.

  4. 0

    dayzaway99 said on Jan 22, 2013

    No one is surprised, if they had changed it, it basically gives nationwide immunity and sets the foundation for legalization. Never gonna happen.

  5. 0

    dallas said on Jan 22, 2013

    Tobacco and Big Pharm. Lobby money well spent!

  6. 0

    facebandNY said on Jan 22, 2013

    as long as industries like big pharm remain it will never happen. it's going to be a *fight* with a government that disregards the interests of its citizenry in favor of corporate lobby money

  7. 0

    Elvers said on Jan 22, 2013

    what a bunch of jerks,!! here one of their own dies living three and a half years longer than he should have you idiots had the prof in your hand while Judge RichBach was alive.!! your all a bunch of dirt bags for even believing leonheart and not proving anything about the marijuana plant being an herb and not being as dangerous as heroin or meth or anything else on the pharmacy market.!! and thank you for keeping the jails going and putting more money in your grubby little paws. did I leave anything out yes I did,!! and all the curse words that go with it.!!!

  8. 0

    LordTHC said on Jan 22, 2013

    just gotta keep fighting! the DEA is a joke and the biggest waste of money

  9. 0

    TheUndead said on Jan 22, 2013

    WTF are we doing as a nation? NOTHING! We need to just riot and overthrow the government already this is an outrage lol… Not even close to the truth and we will all accept this and just let it go away with no problems. Damn communist country we live in sucks.

  10. 1

    Lukaroast said on Jan 22, 2013

    My nation dissapoints me daily… Just another ignorant desicion after another

  11. 1

    spkavyo said on Jan 22, 2013

    Bummer! The DEA could not find creditable medical evidence because they DID NOT look for it. They make too much money busting pot heads and state regulated dispensaries. End the Drug War now, reinvest their budget into infrastructure. Our roads and bridges are crumbling, our trains are an international joke, and they are way too slow establishing electric recharging stations for cars and bikes.
    Michele Leonhardt must go!!!

  12. 1

    HeadMan said on Jan 23, 2013

    The us government has about 4 medical marijuana patients the supply with medical marijuana ( believe they get 200 joints a month or something ridiculous )yet they still tell every other American it has no medicinal value. The dea wants it illegal so they can continue busting innocent people to pay for their living. The dea would lose so much money if marijuana was reclassified. Shows how selfish and arrogant the goverenment is. They just want our money

  13. 0

    GGLynzee said on Jan 23, 2013

    UGHH. Greedy ass bitches. SMDH. I agree, as long as pharm has their hands in it NO WAY. Soooo stupid, it's gotten me off of 4 different narcotic pain killers that these Dr's hand out like candy. I'd be in rehab right now if it

  14. 0

    GGLynzee said on Jan 23, 2013

    Was up to them. They pass out pills and don't tell you what they will do to you. BLEH!! DEA can go away!!

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