Marijuana Law, Policy & Reform

Editor: Douglas A. Berman
Moritz College of Law

Monday, February 26, 2018

Federal judge dismisses high-profile suit challenging marijuana's placement on Schedule 1 under the Controlled Substances Act

Earlier this month, as noted in this prior post, a federal district judge heard arguments concerning a motion to dismiss the high-profile suit challenging marijuana's placement on Schedule 1 under the Controlled Substances Act.  Though the suit garnered a good bit of public attention, the case of Washington, et.al v. Sessions, et.al, is now likely to go down as yet the latest failed effort to attack the CSA's treatment of marijuana in court because today judge Alvin Hellerstein dismissed the lawsuit. Tom Angell has a useful summary of the ruling and a link to its full 20 pages here.  Here is part of that summary:

Judge Alvin K. Hellerstein ruled on Monday that advocates have “failed to exhaust their administrative remedies” to alter cannabis’s legal status, and should pursue changes through the administration and Congress instead of in the courts. “[P]laintiffs’ claim is an administrative one, not one premised on the constitution,” he wrote, and “is best understood as a collateral attack on the various administrative determinations not to reclassify marijuana into a different drug schedule.”...

Hellerstein wrote that “it is clear that Congress had a rational basis for classifying marijuana in Schedule I, and executive officials in different administrations have consistently retained its placement there… Even if marijuana has current medical uses, I cannot say that Congress acted irrationally in placing marijuana in Schedule I.”

However, the judge, who observers say appeared moved by anecdotes about the plaintiffs’ medical uses of cannabis during oral arguments, wrote that he does not reject out of hand the notion that marijuana can be beneficial....

Hellerstein dismissed every other claim in the lawsuit, as well, making it clear he’s done with the case. “Because plaintiffs have failed to state a claim under any constitutional theory, all of plaintiffs’ remaining claims are also dismissed,” he wrote. “For the reasons stated herein, defendants’ motion to dismiss the complaint is granted.  Plaintiffs have already amended their complaint once, and I find that further amendments would be futile.”

The plaintiffs in this suit could appeal this dismissal to the US Court of Appeals for the Second Circuit, and doing so would likely keep the case in the headlines. I am not optimistic it would achieve much else, but one never knows with courts these days.

Prior related posts:

https://lawprofessors.typepad.com/marijuana_law/2018/02/federal-judge-dismisses-high-profile-suit-challenging-marijuanas-placement-on-schedule-1-under-the-c.html

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