California Federal Judge Considering Marijuana Schedule Unconstitutional

[Old Hippy Dud]

Interesting article, I guess in 30 days we will find out what she thinks

"In their case before Mueller in U.S. District Court in Sacramento, defense lawyers have argued that U.S. law classifying pot as a Schedule One drug, which means it has no medical use and is among the most dangerous, is unconstitutional, given that 23 states have legalized the drug for medical use."

Click - Federal Judge May Declare Classification As Schedule 1 Narcotic Unconstitutional

 

[Ofis]

Why is it that no one in the fight to legalize or change laws concerning cannabis ever mentions these 2 facts that contradict the assertions by the federal government that cannabis doesn't have any medical value/use and is a dangerous Schedule 1 drug?

Fact #1) A U.S. federal government program supplies Cannabis to patients called The Compassionate Investigational New Drug program, or Compassionate IND which was established in 1978:

Ironically, the U.S. federal government currently grows and provides cannabis for a small number of patients. The origins of the Compassionate Investigational New Drug Study program began after Robert Randall brought a lawsuit (Randall v. U.S) against the Food and Drug Administration, the Drug Enforcement Administration, the National Institute on Drug Abuse, the Department of Justice, and the Department of Health, Education & Welfare. Randall, afflicted with glaucoma, had successfully used the Common Law doctrine of necessity to argue against charges of marijuana cultivation because it was deemed a medical necessity (U.S. v. Randall). On November 24, 1976, federal Judge James Washington ruled: While blindness was shown by competent medical testimony to be the otherwise inevitable result of the defendant's disease, no adverse effects from the smoking of marijuana have been demonstrated...Medical evidence suggests that the medical prohibition is not well-founded.

The criminal charges against Randall were dropped, and following a petition (May 1976) filed by Randall, federal agencies began providing him with FDA-approved access to government supplies of medical marijuana, becoming the first American to receive marijuana for the treatment of a medical disorder. Randall went public with his victory and shortly after the government tried to prevent his legal access to marijuana. This led to the 1978 lawsuit where Randall was represented pro bono publico by law firm Steptoe & Johnson. Twenty-four hours after filing the suit, the federal agencies requested an out-of-court settlement which resulted in Randall gaining prescriptive access to marijuana through a federal pharmacy near his home. The settlement in Randall v. U.S. became the legal basis for the FDA's Compassionate IND program established in 1978.

Another patient, Irvin Rosenfeld (Stock Broker) provides a brief history about his acceptance into the program. "The Federal Compassionate IND Program, which I'm under, was established in 1978, and was shut down in 1992 by George Bush Sr. The government wasn't agreeing that marijuana, or cannabis, was a medical benefit. What they were saying is that doctors had convinced the government that there was no medicine for this patient, and that a qualified physician believed that cannabis would work, and so therefore out of the compassion of the federal government, they granted a Compassionate Care protocol. And in '92, we'd gotten up to thirteen patients. Another twenty-eight patients had been approved for the program. And we found that it worked for AIDS patients. We sent a protocol, basically a fill-in-the-blanks protocol, to AIDS organizations, and they bombarded the Bush administration with thousands of protocols. George Bush Sr., running for reelection against Clinton, didn't want to look soft on drugs, so he somehow arbitrarily shut the program down, grandfathering the thirteen of us in."

Fact #2) The U.S. Government has a patent on Cannabis:

On October 7, 2003 The United States Government as represented by the Department of Health and Human Services was granted a U.S. Patent (#6630507) on any and all uses and applications of: Cannabinoids as antioxidants and neuroprotectants. United States Patent: 6630507

In other words, THE GOVERNMENT ALREADY OWNS THE ORGANIC THC OIL BY FORCE... and now THEY OWN THE SYNTHETIC THC OIL BY PATENT... along with any and all combinations of the beneficial compounds found in cannabinoids.

These 2 admissions by our federal government should be proof enough that we are being lied to. And there is no reason that cannabis shouldn't be legalized, properly studied/researched to find all it's true medical properties, and regulated similarly to alcohol or tobacco, which each kill millions of people per year. Common sense might even suggest that alcohol and tobacco should be made illegal.

A 3rd, and probably more significant fact that never gets mentioned is that Cannabis use cannot kill you and there is not a single documented case of death due to cannabis use. Unlike prescription drugs which kill hundreds of thousands per year.

Here are a few more facts that have been glossed over and suppressed:

In 1988, the DEA's Chief Administrative Law Judge, Francis L. Young, ruled after extensive hearings that, "Marijuana, in its natural form, is one of the safest therapeutically active substances known... It would be unreasonable, arbitrary and capricious for the DEA to continue to stand between those sufferers and the benefits of this substance..." Yet the DEA refused to implement this ruling based on a procedural technicality and resists rescheduling to this day.

In 1989, the FDA was flooded with new applications from people with HIV/AIDS. In June 1991, the Public Health Service announced that the program would be suspended because it undermined federal prohibition.

As of 2014, four patients continued to receive cannabis from the government under the Compassionate IND program. Not sure now many of the four are still surviving here in March of 2015.

Sorry for the long rant, but I just had to vent on this subject.

 

[Old Hippy Dud]

Here's a link to the actual US Govt Patent that CLAIMS THERE IS A MEDICAL USE FOR MARIJUANA, contradicting the Sced 1 classification. I really don't see how the govt can say it has no medical use, but holds the patent that THEY (the govt) says it does. Any sane person would have to say WTF is going on here. Why? Simple... the elite want to stay the elite, they don't want YOU or ME becoming the RICH AND POWERFUL. This is a brand new 'industry' and somebody is going to get rich. THEY don't want that somebody to be one of us peon. they want it to be some of their buddies in big pharma that donates millions of dollars to their campaign funds. Marijuana is a political football, that they are trying to keep grounded until they figure out a way to make the drug companies rich vs. some of us 'peons'.
Here is the link to the actual patent United States Patent: 6630507

 

[Old Hippy Dud]

Decision postponed until March 25th. I guess the Obama administration is putting pressure on her. It's nice the NSA keeps track of all her movements, conversations, and emails. Makes it much easier to find a tiny bit of dirt to help 'sway' her ruling.
Schweder Marijuana Case Postponed - Eastern District of California Blog

 

[Buds4All]

Update - Postponed until April 15th.

Eastern District of California Blog: Schweder marijuana case

 

[Buds4All]

Took this from an article on another site. Not sure how the court can rule to reschedule based on this info. I guess we will find out in a few days.


If marijuana is medicine why isn't it prescribed?

This is one of my personal favorites. Here’s why not:

---The Food and Drug Administration (FDA) studies and approves or rejects drugs for prescription use.
---It doesn't study a substance for medical benefit if the drug is already scheduled as having no medical benefits - it needs to be rescheduled first as something with at least theoretical medical benefit.
---The DEA has the authority to reschedule marijuana, thus enabling the FDA to begin study in earnest, but refuses to do so until there are studies on its medical benefit.
---Any studies on medical benefit (or any other use) must use marijuana provided by the National Institute of Drug Abuse (NIDA).
---NIDA has an institutional policy, imposed by Congress, to only make marijuana available for research if that research examines its harmful effects.

The lack of study is based on the federal government’s general policy to refuse to make it available for studies on its benefits – not because marijuana actually does lack medical benefit.

 

[Buds4All]

I'm surprised no information has leaked and no reschedule date has been announced. Looks like, good or bad, we may finally get an answer tomorrow. Tax day always sucks. What would make it better? A change in marijuana scheduling.

 

[Buds4All]

Schweder marijuana motion denied

Eastern District of California Blog: Schweder marijuana case

Will not dismiss charges, full writen ruling by the end of the week.

 

[tptb73]

Was there a final outcome on this?

 

[JayGrow21]

Even if it's legalized, it just means you're allowed to use it but you aren't all to have a job at most companies because it's actually the corporations that control the country. can't make companies legalize it so you are confined to either a life of pharmaceuticals or you use cannabis and become a corporate pariah.