 Yesterday we reported that a Nevada court ruled that their state’s choice to keep cannabis listed as a Schedule 1 drug was unconstitutional.
But just a few weeks earlier, a U.S. Court of Appeals ruled that the federal government’s classification of cannabis as a Schedule I controlled substance is “irrational,” but they say it is not unconstitutional. This ruling was handed down by the United States Court of Appeals for the Second Circuit. Defendants in the case argued that cannabis being listed as a Schedule 1 drug has no rational basis because cannabis does not meet the statutory criteria for inclusion on Schedule I. A schedule 1 drug definition is that it has “a high potential for abuse,” and “no currently accepted medical use.” Additionally, it also must have, “a lack of accepted safety for use … under medical supervision.” Judges acknowledged that the defendants “convincingly argue[d] that it is irrational for the government to maintain that marijuana has no accepted medical use.” However, they ruled that this argument alone is insufficient for the court to rule that cannabis’ Schedule I status is unconstitutional. The Judge’s said that the defendants, “must do more than show that the legislature’s stated assumptions are irrational; [they] must discredit any conceivable basis which could be advanced to support the challenged provision…” They added that, “… there are other plausible considerations that could have motivated Congress’s scheduling of marijuana.” The National Organization for the Reform of Marijuana Laws’ Deputy Director Paul Armentano said, “This ruling is disappointing, but not unanticipated … Judges have repeatedly ruled that it is the responsibility of federal lawmakers, not the courts, to repeal the federal prohibition of marijuana. Rather than expect relief from the federal courts, citizens need to continue to pressure their federally elected officials to repeal this admittedly ‘irrational’ and destructive policy.” Comments are closed.
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