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Marijuana Advocates Mount Challenge To Schedule I Designation

By Steve Elliott ~alapoet~ on October 15, 2012 Legislation, Medical, News

U.S. Court of Appeals for the D.C. Circuit Will Hear Oral Arguments Tuesday

DPA Statement: Feds’ Claim of “No Medical Use” Ignores Science

For the first time in 20 years, the U.S. Court of Appeals for the District of Columbia Circuit will hear oral arguments on Tuesday, October 16, in a case challenging the Drug Enforcement Administration’s decision to designate marijuana as a Schedule I substance. Schedule I is the most restrictive category for controlled substances, including those drugs defined as having a high potential for abuse, no currently accepted medical use, and a lack of accepted safety for use under medical supervision.

Pro-Legalization Challenger Beats Incumbent In Congressional Primary

By Steve Elliott ~alapoet~ on May 30, 2012 Legislation, News

StoptheDrugWar.org

Former El Paso city councilman Beto O’Rourke has defeated U.S. Rep. Silvestre Reyes in the Democratic primary for the seat Reyes had held since 1996

Marijuana legalization supporter Beto O’Rourke has defeated prohibitionist eight-term Congressman Silvestre Reyes in the Democratic primary for Texas’s 16th Congressional district.

O’Rourke vocally supports marijuana legalization, while former Border Patrol official Reyes built his career on the War On Drugs.

O’Rourke got 51.3 percent of the vote to Reyes’ 41.3 percent, according to election results from the Texas Secretary of State’s office early Wednesday morning, reports Phillip Smith at StoptheDrugWar.org.

In early 2009, when he was an El Paso city councilman, O’Rourke championed a council resolution calling for a national conversation on legalizing and regulating drugs as a possible solution to the drug cartel violence just over El Paso’s border in Mexico. The mayor vetoed the unanimously-passed resolution and the council was set to override the veto until Congressman Reyes butted in to the debate and threatened that the city would lose federal funding if it insisted on pushing the legalization conversation.

Appeals Court Accepts Challenge of DEA’s Marijuana Research Denial

By Steve Elliott ~alapoet~ on May 10, 2012 Growing, Medical, News

Rose Law Group PC

University of Massachusetts-Amherst Professor Lyle Craker has been trying for almost 11 years to get federal permission to grow marijuana for medical research

On Friday, May 11, the U.S. Court of Appeals for the First Circuit in Boston will hear oral arguments in a federal lawsuit against the Drug Enforcement Administration for denying University of Massachusetts-Amherst Professor Lyle Craker a license to grow marijuana for privately funded medical research.

The arguments culminate nearly 11 years of legal and administrative proceedings trying to end the National Institute on Drug Abuse (NIDA) monopoly on the marijuana supply for research.

The lawsuit is in response to an August 15, 2011 final order issued by the DEA rejecting its own DEA Administrative Law Judge’s 2007 recommendation that it would be “in the public interest” to grant Prof. Craker the research license. A laboratory at the University of Mississippi, funded by NIDA, is currently the one and only facility in the United States allowed to grow marijuana for research.

Israeli Cannabis Activists Challenge Ban On Marijuana Rally

By Steve Elliott ~alapoet~ on April 10, 2012 Culture, Global

WeedWiki

Israeli cannabis activists have mounted their legal challenge to a police ban on a Marijuana Day rally, an annual event in which people publicly smoke the herb to protest its illegal status.

The Israel Police notified the activists that any such rally in Tel Aviv, Israel’s capital city, would not be tolerated, reports Yaakov Lappin at the Jerusalem Post. Law enforcement refused to authorize the event, claiming it constitutes a “blatant violation” of the law.

The activists, represented by a group called Dor Emet (Truth Generation), placed a High Court appeal against the ban.

Judge Denies Challenge Of Long Beach Medical Marijuana Ban

By Steve Elliott ~alapoet~ on March 2, 2012 Dispensaries, Legislation, News

THC Finder

A Los Angeles Superior Court judge on Friday denied an injunction against Long Beach’s ban on medical marijuana dispensaries.

Opponents of the two-week-old law sought the injunction after a panel of Fourth Appellate District judges on Wednesday ruled that Lake Forest officials couldn’t use that city’s noise abatement ordinance as a wholesale ban on medicinal cannabis dispensaries and collectives, reports the Long Beach Press Telegram.

Lake Forest officials are allowed to use their nuisance ordinance to regulate the dispensaries and collectives, but they can’t just declare them all a nuisance, thereby banning them, according to the decision in Lake Forest v. Evergreen Holistic Collective.

Appeal Challenges DEA Denial To Reschedule Medical Marijuana

By Steve Elliott ~alapoet~ on January 26, 2012 Legislation, Medical, News

Prohibition’s End

Medical marijuana advocacy group Americans for Safe Access (ASA) on Thursday filed an appeal brief in the D.C. Circuit to compel the federal government to reclassify marijuana for medical use.

In July 2011, the federal Drug Enforcement Administration (DEA) denied a petition filed in 2002 by the Coalition for Rescheduling Cannabis (CRC), which was denied only after the coalition sued the government for unreasonable delay. The ASA brief filed on January 26 is an appeal of the CRC rescheduling denial.

“By ignoring the wealth of scientific evidence that clearly shows the therapeutic value of marijuana, the Obama Administration is playing politics at the expensive of sick and dying Americans,” said ASA Chief Counsel Joe Elford, who filed the appeal Thursday.

Medical Marijuana Challenge Turned Away By CO Supreme Court

By Steve Elliott ~alapoet~ on January 11, 2011 Legislation, Medical, News

Graphic: Patient and Caregiver Rights Litigation Project

Colorado’s Supreme Court has refused to hear a sweeping challenge to the state’s new medical marijuana laws.

The Court turned down — only five days after it was filed — a request by marijuana advocates to hear arguments on whether parts of those laws violate the constitutional amendment that made medical marijuana legal in Colorado in 2000 after being approved by voters.

The pending rules violate patient privacy because of a requirement that dispensaries record medical marijuana sales on video, according to patients and advocates who mounted the challenge. The patients also argue that the laws wrongly give local cities and counties the ability to ban dispensaries.

Michigan Cops Challenge State’s Medical Marijuana Law

By Steve Elliott ~alapoet~ on November 4, 2010 Dispensaries, Medical

Photo: Daniel Mears/The Detroit News

Patient/activist Robert Redden shows his Michigan medical marijuana card outside Wednesday’s hearing.

In Michigan, anti-pot local law enforcement is challenging in court the state’s 2008 law, passed by 63 percent of the voters, that allows distribution of medical marijuana.

A probable cause hearing began Wednesday for nine Oakland County, Mich., residents charged in a case that began when they were arrested August 25. All of the defendants are free on bond. The accused were associated with Clinical Relief, a Ferndale marijuana dispensary, reports Doug Guthrie of The Detroit News.

A warehouse in Macomb County and two dispensaries in Waterford Township were also raided, leading to other arrests.

New Research Challenges Marijuana Gateway Theory

By Steve Elliott ~alapoet~ on September 2, 2010 Medical, News

Photo: NORML Stash Blog

Your tax dollars were used to pay for this dumb-ass billboard just outside of Portland, Oregon.

The widespread belief that marijuana users will eventually and inevitably move on to harder drugs has yet more evidence against it with the release of a new study from the University of New Hampshire.

Whether teenagers who smoked pot will use other illegal drugs as young adults has a lot more to do with factors such as employment status and stress, according to the new research, reports Science News. In fact, the strongest predictor of whether someone will use hard drugs is their race/ethnicity, not whether they ever used marijuana.

“In light of these findings, we urge U.S. drug control policymakers to consider stress and life-course approaches in their pursuit of solutions to the ‘drug problem,’ ” wrote UNH associate professors of sociology Karen Van Gundy and Cesar Rebellon.

Challenge To Federal Medical Pot Policy Helped By V.A. Change

By Steve Elliott ~alapoet~ on July 29, 2010 Legislation, Medical

Graphic: LA Progressive

Medical marijuana patient advocacy group Americans for Safe Access (ASA) filed an important legal brief on Wednesday to correct statements made by the federal government that “marijuana has no currently accepted medical use in treatment in the United States.”

The ASA legal filing points to a policy directive issued last week by the Veterans Health Administration (VHA), recognizing medical marijuana and distinguishing it from other illegal controlled substances.

In its brief, ASA says that the VHA directive bolsters advocates’ arguments that marijuana does indeed have medical value.

“Recognition of marijuana’s therapeutic benefits by a federal agency makes it more difficult for the government to argue against marijuana’s medical value,” said ASA Chief Counsel Joe Elford, who filed the notice with the court.

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