US Court Rules Against Reclassification of Marijuana

By admin on January 23, 2013

The U.S. Court of Appeals ruled in favor of the DEA who claimed medical marijuana studies have not been “scientifically rigorous”, Americans For Safe Access vowed to appeal.

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The United States Court of Appeals for the D.C. Circuit issued a ruling today in the medical marijuana reclassification case, Americans for Safe Access v. Drug Enforcement Administration. In a 2-1 decision, the Court granted standing in the case — the right to bring a claim against the federal government — but denied the legal challenge on the merits, agreeing with the government’s assertion that “adequate and well-controlled studies” on the medical efficacy of marijuana do not exist.

“To deny that sufficient evidence is lacking on the medical efficacy of marijuana is to ignore a mountain of well-documented studies that conclude otherwise,” said Joe Elford, Chief Counsel with Americans for Safe Access (ASA), the country’s leading medical marijuana advocacy organization, which appealed the denial of the rescheduling petition in January of last year. “The Court has unfortunately agreed with the Obama Administration’s unreasonably raised bar on what qualifies as an ‘adequate and well-controlled’ study, thereby continuing their game of ‘Gotcha.’”

ASA intends to seek En Banc review by the full D.C. Circuit and,necessary, the organization will appeal to the U.S. Supreme Court. ASA intends to argue that the Obama Administration has acted arbitrarily and capriciously by using continually changing standards of “medical efficacy” in order to maintain marijuana as a Schedule I substance, a dangerous drug with no medical value. The government now contends that Stage II and III clinical trials are necessary to show efficacy, while ASA has consistently argued that the more than 200 peer-reviewed studies cited in the legal briefs adequately meet this standard.

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