Marijuana Law, Policy & Reform

Editor: Douglas A. Berman
Moritz College of Law

Wednesday, February 14, 2018

Mixed messages from US District Judge hearing legal challenge to federal marijuana prohibition

In this post earlier this week, I noted today's scheduled hearing in federal court concerning a lawsuit challenging marijuana's placement on Schedule 1 under the Controlled Substances Act and asked "Could a high-profile lawsuit help end federal marijuana prohibition?". This Bloomberg article, headlined "Trump Administration Battles Sick Kids on Access to Legal Pot," suggests that the judge hearing the case is sympathetic to the plaintiffs' complaints but still seemingly unlikely to run in their favor:

In a New York courtroom packed with cannabis supporters, the Trump administration urged a federal judge to throw out a lawsuit that aims to pave the way for legal marijuana across the country.

The case was brought on behalf of two sick children, a former National Football League player who says athletes deserve a better way to treat head trauma than addictive opioids and the Cannabis Cultural Association. The suit, filed in July 2017, seeks a ruling that marijuana was unconstitutionally labeled alongside heroin and LSD as a so-called Schedule I drug -- the harshest of five government ratings -- when Congress passed the Controlled Substance Act in 1970.

In court on Wednesday, Justice Department attorney Samuel Hilliard Dolinger said the plaintiffs didn’t follow legal requirements before suing, beginning with a petition to the Drug Enforcement Agency. "The right thing is to defer to the agency," said U.S. District Judge Alvin Hellerstein, an 84-year-old who was nominated by former President Bill Clinton, who famously admitted to experimenting with pot while claiming he "didn’t inhale."...

Hellerstein said he would issue a ruling later, and it was far from clear which way he was leaning. The judge, who had the courtroom erupting in laughter on more than a few occasions during the hearing, was skeptical of the government’s claim that there’s no medical benefit to marijuana. "Your clients are living proof of the medical effectiveness of marijuana," Hellerstein said to the plaintiffs’ lawyer, Michael Hiller....

Cannabis was criminalized "not to control the spread of a dangerous drug, but rather to suppress the rights and interests of those whom the Nixon Administration wrongly regarded as hostile to the interests of the U.S. -- African Americans and protesters of the Vietnam War," the suit says.

At the hearing, Hellerstein said that argument wasn’t going to work with him. The decision "will not depend on what may have been in the mind of Richard Nixon at the time," Hellerstein said.

Prior related posts:

http://lawprofessors.typepad.com/marijuana_law/2018/02/mixed-messages-from-us-district-judge-hearing-legal-challenge-to-.html

Federal court rulings, Federal Marijuana Laws, Policies and Practices, Medical Marijuana Commentary and Debate, Who decides | Permalink

Comments

Post a comment