New Lawsuit Claims Cannabis Scheduling is Unconstitutional

By Manny C.
11 Year old girl and former NFL star take on the feds in new lawsuit.

In a new lawsuit filed earlier this week, plaintiffs claim that the current federal scheduling of cannabis as a schedule I substance is unconstitutional on the basis of literally how “irrational” the current scheduling of cannabis is. This claims has finally made it into a lawsuit aimed at the Capital more than fifteen years after the state of California became the first state in the union to legalize medical cannabis in the 1990’s.

The lawsuit that was filed by the dynamic duo, along with another child, an Iraqi War veteran, and a non-profit organization are all patients or represent the interests of cannabis patients, was presented to the courts last week and named both the acting Administrator of the DEA, Charles Rosenberg as well as Attorney General Jeff Sessions as the defendants. 


Cannabis is gaining support across the U.S.

For the past few years former Jets lineman Marvin Washington, has become an advocate for medical cannabis as an alternative to the many harder prescription medications that most NFL players are exposed too and which are now becoming more commonly linked with opioid addictions. 

The Controlled Substance Act which was passed into law during the early phases of Reagan’s “war on drugs” declared that cannabis had no medical value and it was classified as one of the most lethal substances on the planet. By classifying it as a schedule one substance cannabis’ status became limited, and any research surrounding cannabis in the United States was restricted. This resulted in a total bottlenecking of information as legislation like the CSA allowed only for a single university to conduct limited, restricted testing and research for decades in America. 


Cannabis scheduling is being legally challenged

The prohibition “arose out of the enactment of legislation underwritten by illegal racial and ethnic animus, and implemented and enforced at the federal level by those who have chosen to disregard its scientific properties and benefits, and have been motivated by hatred and outright bigotry,” the lawsuit says. 

The plaintiffs released a joint statement, saying that “tens of millions of Americans who require, but are unable to safely obtain, Cannabis for the treatment of their illnesses, diseases and medical conditions.”    


Lawsuit takes aim at DOJ and AG Sessions

At this time, medical cannabis is legal in over twenty nine states meaning that more than one-quarter of Americans live in a state that has some form of legalization legislation. With the list of patients growing every day from coast to coast, and the increasing pressure from the Department of Justice to dismember the protections in place for patients from the Obama era, tensions are running high. This lawsuit also comes at time when national support for medical cannabis is at new heights, and more states introduce legislation to begin new medical programs every year. As of this writing the DOJ has not commented on the lawsuit.   


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About the author: Manny C.

Cannabis Activist, industry blogger, and founding member of Illinois Citizens Responsible Regulation.