AP/ October 16, 2012, 5:39 PM

Federal court considers marijuana classification

WASHINGTON A federal appeals court in Washington is considering whether marijuana should be reclassified from its current status as a dangerous drug with no accepted medical use.

Last year, the Drug Enforcement Administration rejected a petition by medical marijuana advocates to change the classification, which kept marijuana in the same category as drugs such as heroin. The DEA concluded that there wasn't a consensus opinion among experts on using marijuana for medical purposes. The petition had been filed in 2002.

A medical marijuana group, Americans for Safe Access, want the U.S. Court of Appeals for the District of Columbia Circuit to force the agency to hold a hearing and conduct findings based on the scientific record.

The group's lawyer, Joe Elford, said that the DEA had misapplied the law. He added there are numerous studies that show marijuana is effective as a medical treatment. The group's legal brief said marijuana could help people with chronic pain and the negative side effects of chemotherapy, among other things.

Marijuana is classified under "Schedule I" of controlled substances, meaning it has a high potential for abuse and no currently accepted medical use. It's lumped in with drugs like heroin, LSD and ecstasy. Americans for Safe Access want to see it reclassified to a less restrictive schedule.

Justice Department lawyer Lena Watkins said that marijuana is properly classified.

"It's the most widely abused drug in the United States," she said.

Tuesday's hearing was packed to capacity with many medical marijuana supporters in the audience.

The judges who will decide the case are Karen LeCraft Henderson, a Republican appointee, and Harry T. Edwards and Merrick B. Garland, both Democratic appointees.

© 2012 The Associated Press. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed.
11 Comments Add a Comment
linkicon reporticon emailicon
hawk760 says:
so your crew is planning on destroying the USA?When hemp could and has helped the USA out of many circumstances, I think you all have eaten to much read meat and are more animal than human .You so corrupt you have blinders on your just like a race horse thats what a lawyer is a slave to another rich mans door.Say is the hay good enough for an eturnity in flames because of how many people are in prison =slavery your not a justice dept your a scam dept the best there is hiring the brightest minds to enslave the other so you can eat lobster and french wine when you never really earned but from the sweet and tears of the people your rape everyday when you through them in cahins over a plant that the Creator made for all.
reply
linkicon reporticon emailicon
Xpl0yt says:
Also, how many people wait till they are 21 to use alcohol or cigarettes?
reply
linkicon reporticon emailicon
Xpl0yt says:
Knowing what we now know about the effects of alcohol, and if it, too were still illegal; I wonder if we would vote to legalize it.
reply
linkicon reporticon emailicon
Andrew-146 says:
It is widely abused because the DEA's definition of abuse is use. Nice catch 22. Kind of pathological.
reply
linkicon reporticon emailicon
Andrew-146 says:
It is widely abused because the DEA's definition of abuse is use. Nice catch 22. Kind of pathological.
reply
linkicon reporticon emailicon
NeteaRaine says:
The Alcohol impairs your judgement and alcoholism is a disease, Tobacco is the most widely abused drug in America. It has many things in it that can harm your system and in time kill you>
Marijuana though bought illeagally and over used for recreational purposes has less effects on your system, and impairs you much less than the use of alcohol.
To be honest any matter of legalize the drug will eventually make its appeal less wondrous to the world. How many kids get busted for underage drinking only to not care about it much once they get past their 21st year. It just isn't that alluring any more.
Nothing makes people want to do something more than that condescending voice of mother dear saying "Oh no you don't"
reply
Peachdragon replies:
linkicon reporticon emailicon
You don't know how correct you are. I had not partaken of cannabis for nearly 30 years and took it up again after I retired. At first, I was lighting up daily. After about 2 weeks, I was down to 2 times a week; after 3 months I dropped down to about once a month. After the novelty starts to wears off, you started to think, this is like sleep walking. It will not make bad TV good. So now, it's 8 to 12 times a year, but usually it dries up before I get around to smoking it. I really don't know what the big fuss is all about. However, I still believe, whether you decide to partake or not, it should be the choice of the individual adult.
linkicon reporticon emailicon
bobbychuckles says:
Ron Paul and Barney Frank's laudable effort last year, came to naught.
I'm glad that another serious bid to re-classify Cannabis is being undertaken, but I'm also a little more pessimistic this time around.
reply
linkicon reporticon emailicon
doubleecho-2009 says:
The whole "War on Drugs" is a farce that has built a dependent industry over the past 40 years, so NO one in government has the COURAGE to end it, although that is the RIGHT THING TO DO!
WE already HAVE laws for DUI, for public intoxication and for criminal offenses. Why not STOP putting people in prison for the possesion of a plant or a mushroom? It is a bizarre question, made so by the bizarre laws of an antiquated time.
reply
linkicon reporticon emailicon
doubleecho-2009 says:
Reading a VERY good book on this very subject right now, entitled "Too High to Fail". Very Recommended reading!
The facts are reliable and it is VERY evident that it is simply the economic interests of various existing "industries" tied drug enforcement that oppose any measure to de-criminalize or legalize.
The overwhelming data comnfirms that cannabis DOES have medical benefits and it should IMMEDIATELY be removed from the so-called "Schedule I" drug list!

On a related issue, the current legislation illegalizes the growing of HEMP, a close cannabis relative, but is nearly devoid of pyschoactive components! BUT, the product STILL makes for the best rope available, along with hemp paper, and a WEALTH of other related products! Our northern neighbor, Canada, has already started hemp production and is BEATING us in sales!
All this due to UTTER stupidity in our government! It is estimated that hemp agriculture cpuld add BILLIONS to our economy and ADD JOBS!
reply
linkicon reporticon emailicon
DonDig says:
Watkins described marijuana as the most widely abused drug. Surely that's actually alcohol or tobacco.

How many deaths has marijuana been implicated in that were not the result of its prohibition? That is the question to ask, if one is looking to establish harm. Apparently no one has ever died from marijuana: People have died from taking aspirin or even drinking too much water, let alone the harms that come from alcohol or tobacco, both of which are drugs.

Isn't it time to get over this craziness that was initially, deceptively based on racism and financial gain, and which continues to imprison people and ruin lives, while keeping them from natural non-toxic pain relief?
reply
See all 11 Comments