Federal Government Reaffirms ‘Flat Earth’ Position Regarding Medical Cannabis

Earlier today, United States DEA Administrator Michele Leonhart reaffirmed in the Federal Register the administration’s ‘flat Earth’ position regarding the medical properties of cannabis.

Responding to a nine-year-old petition to reclassify marijuana under federal law filed by a coalition of advocacy groups, including NORML and California NORML, Leonhart stated, “[T]here is no substantial evidence that marijuana should be removed from schedule I.”

A summary of Ms. Leonhart’s ‘reasoning’ is below. (Read the DEA’s full response here.)

DEPARTMENT OF JUSTICE

Drug Enforcement Administration

21 CFR Chapter II [Docket No. DEA–352N]

Denial of Petition To Initiate Proceedings
To Reschedule Marijuana

AGENCY: Drug Enforcement Administration (DEA), Department of Justice. ACTION:

Denial of petition to initiate proceedings to reschedule marijuana.

(1) Marijuana has a high potential for abuse. The DHHS evaluation and the additional data gathered by DEA show that marijuana has a high potential for abuse.

(2) Marijuana has no currently accepted medical use in treatment in the United States. According to established case law, marijuana has no ‘‘currently accepted medical use’’ because: The drug’s chemistry is not known and reproducible; there are no adequate safety studies; there are no adequate and well-controlled studies proving efficacy; the drug is not accepted by qualified experts; and the scientific evidence is not widely available.

(3) Marijuana lacks accepted safety for use under medical supervision. At present, there are no U.S. Food and Drug Administration (FDA)-approved marijuana products, nor is marijuana under a New Drug Application (NDA) evaluation at the FDA for any indication. Marijuana does not have a currently accepted medical use in treatment in the United States or a currently accepted medical use with severe restrictions. At this time, the known risks of marijuana use have not been shown to be outweighed by specific benefits in well-controlled clinical trials that scientifically evaluate safety and efficacy.

Coalition advocates will be appealing Leonhart’s decision in federal court.

NORML had previously filed a similar rescheduling petition with the DEA in 1972, but was not granted a federal hearing on the issue until 1986. In 1988, DEA Administrative Law Judge Francis Young ruled that marijuana did not meet the legal criteria of a Schedule I prohibited drug and should be reclassified. Then-DEA Administrator John Lawn rejected Young’s determination, a decision the D.C. Court of Appeals eventually affirmed in 1994.

A subsequent petition was filed by former NORML Director Jon Gettman in 1995, but was rejected by the DEA in 2001.

NORML will have additional information on this story in next week’s NORML media advisory.

View full post on NORML Blog, Marijuana Law Reform

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