Cannabis V Jeff Sessions, DEA, & DOJ Sparks the Conversation
March 1, 2018 | Ethan Pearson
2018 is going to be a big year for legal and medicinal cannabis. 8 states & DC currently have recreational or personal use laws, and 29 states have laws pertaining to medical use. The benefits of enacting pro-cannabis legislation are clearly influencing positive change across the country.
However, legal cannabis still exists in somewhat of a limbo, due to its schedule one classification by the Controlled Substances Act. Marijuana is still 100% illegal according to the federal government, regardless of state legislation. Activists, patients, business owners, and enthusiasts, are constantly fighting an uphill battle to encourage the passage of fair, sensible regulations.
America’s passion for positive change of pot laws was put in the spotlight recently due to a lawsuit brought against the federal government by 5 individuals and their families in New York City. The plaintiffs were represented by a skilled attorney, David Holland, who’s worked extensively with High Times Magazine and NORML. The 98-page case accuses the Controlled Substances Act’s classification of cannabis as being unconstitutional.
The Weed Warriors
The plaintiffs embody the different facets of people who are directly affected by the current unjust medical cannabis laws. Marvin Washington is a retired professional football player who co-founded Isodiol Performance; a hemp based, CBD-rich line of sports enhancers and pain relievers. Jose Belen is a military veteran who was able to make the switch to cannabis after the VA prescribed PTSD medications whose detrimental side effects almost cost him his family and life.
The other two plaintiffs were child cannabis patients. Alexis Bortell, a 12-year-old “Cannabis refugee” who’s family moved from Texas to CO in order to have access to CBD & THC based medications. After previously having multiple daily epileptic seizures, she now has been essentially seizure free for close to 3 years.
The last of these five brave souls is the family of Jagger Cotte, a boy who suffers from Leigh’s disease, and has found more success treating his neurological condition’s related pain and seizures with cannabis derived therapies. Now 7-year-old Cotte wasn’t expected to live past 4, even with rigorous doses of opioids. The Cannabis Cultural Association was also represented in the case, a non-profit that assists minority communities to find their place in the cannabis industry, and works towards change in the criminal justice system.
Alexis Bortell with Jason Cranford and his Haleigh's Hope plant. Photo by Kristen Watson| Via The Dentonite
The Defense
The case argued that patients are forced to give up their right to travel, as they cannot cross state boundaries with their doctor prescribed medication, and they cannot receive most government benefits. Washington wished to open a full-plant matter addition to his business in the US with support from the Minority Business Enterprise Program, but is unable to receive those benefits, and risks legal ramifications if he applies for it. The CCA wants cannabis to be declassified so that minorities wouldn’t be disproportionately charged by justice system.
Support for the case involved a summary of the lengthy history of cannabis used medicinally, recreationally, and industrially for thousands of years. It mentioned evidence of cannabis and hemp used in ancient India, Greece, China, and Egypt. Quotes and journal entries from our founding fathers about their love of “sweet hemp” were also listed.
The case brought up decades old government projects such as the findings of the Shafer Commission, and the Investigational New Drug Program (where the FDA sends patients 300 free joints a month). More evidence to support the case included Nixon era ideals, that the original intent of the CSA and much of the war on Cannabis in general was created with the intent of going after minorities and Vietnam War protestors. The case refers to the federal governments 15 year possession of a patent on cannabinoids potential to prevent brain damage and neurological diseases. Talk about no medicinal benefit…
The Results
The case was first heard on February 14, 2018, and was resumed on Monday the 26th. Unfortunately, the judge ultimately decided to dismiss the case, as the defense pointed out that the plaintiffs had never applied to change this law by petitioning the DEA to reschedule. The Judge agreed that there were other avenues that should have been explored, but not before giving credence to the patient’s experiences, acknowledging that cannabis obviously does have medical benefits, regardless of what the law says.
“’After years of searching for viable treatment options, Alexis began using medical marijuana. Since then, she has gone nearly three years without a single seizure,’ wrote Hellerstein in his opinion. ‘I highlight plaintiffs' experience to emphasize that this decision should not be understood as a factual finding that marijuana lacks any medical use in the United States."’
Via Forbes.com
What is extremely disappointing about this is that the process for rescheduling takes the DEA on average about 8-9 years. Many people with a terminal illness don’t have the luxury of that much time, which is heartbreaking given the fact that if it an application was granted in a timely manner, it might just save lives by giving them legal access to what might be the perfect solution.
In order for a drug to be considered Schedule One, it means that the substance not only has NO medical benefit, but also a high potential for abuse. Finally, it must have a lack of safety for use of the drug under medical supervision. Cannabis is considered to be on the same level as heroin, LSD, and MDMA, while being allegedly more dangerous then amphetamines, opioids, and cocaine.
Many groups have petitioned the DEA to reschedule the plant to S2, or S5 or de-schedule cannabis, such as in 1992, and it took them 20 years to finally deny the application. Conversely, it only took Marinol (synthetic THC) four years to get approval to move from schedule 2-3. This application was filed by a pharmaceutical company.
The Impact
One of the reasons this case is gaining a lot of attention is that the case had named Attorney General Jeff Sessions as it’s defendant. In the first week of 2018, he rescinded the Cole Memorandum, a previous act guiding prosecutors nationwide to only use their resources to prosecute federal crimes related to cannabis. They were instructed to leave individual people and businesses be as long as they were following their own states guidelines whether medical or recreational.
This loss means that US Attorneys can make their own decisions on what or what not to prosecute in their region when it comes to recreational use. Although we no longer have the Cole Memo, the Rohrabacher-Farr amendment was extended till March 23. This amendment is part of the spending appropriations bill that goes to the DOJ, and it only protects states medical laws from federal prosecution. Whether or not it gets renewed in March could be very detrimental to the communities and industries that states have created.
Opponents to cannabis legislation claim the fact that many people willing to risk their education, career, and chances of legal problems is evident of its potential for abuse. On the contrary perhaps the reason that people are willing to jeopardize certain aspects of their life is because they are willing to make sacrifices to support what they believe in. It’s ever more clear why people are willing to take those risks when their children’s lives depend on it, such as in cases like this.
How You Can Help
Every single person whose life has been touched by Cannabis has a duty to encourage education, influence political and social change, and to represent our community in the best possible light. We’ve moved past the Reefer Madness period, and now it is time to show the world the truth about this beautiful plant. Even though the case wasn’t won, they will attempt to appeal, and hopefully we will receive the just, and positive outcome that our Country deserves.
Regardless, this attention gives us the opportunity to bring up the conversation about the harms of cannabis being recognized as an illegal drug. We at Camp Green Rush believe in growing together, and we think the results of this lawsuit will facilitate that. Balance out all the seshes you go to by attending city hall meetings, and give cannabis a voice!
Don’t be afraid to talk to your friends, neighbors, and families about your use or opinions of cannabis. The only way that we can convince the rest of the world is by normalizing it’s use. Be a role model cannabis user, and people will look up to you for who you are as a leader, not look down on your use.
We can’t wait to learn more about future and past cannabis policy! Head over to the presenter’s page of our website and see who we’re going to have presenting! We have an incredible curated group of panels and speakers and can’t wait to spread education and knowledge at camp this May!
Now is the time to be an advocate for what you believe in!
Click here to tell your House and Senate Members to:
Support the Marijuana Justice Act of 2017, which would remove it from the CSA, “incentivize states to mitigate existing and ongoing racial disparities in state-level marijuana arrests, expunge federal convictions specific to marijuana possession, allow individuals currently serving time in federal prison for marijuana-related violations to petition the court for resentencing, and create a community reinvestment fund to invest in communities most impacted by the failed War on Drugs.”
http://norml.org/action-center/item/the-marijuana-justice-act-of-2017-introduced
Reject Jeff Sessions Reversal of the Cole Memo (Only protection that protects medical)
http://norml.org/action-center/item/tell-congress-to-stop-jeff-sessions-crackdown
AND/OR to support the Respect State Marijuana Laws Act (protects states regulations med/rec)
http://norml.org/action-center/item/federal-bipartisan-leaders-reintroduce-the-respect-state-marijuana-laws-act