Lessem & Newstat - Ventura Articles Federal Court Appeal on Marijuana Fails

Federal Court Appeal on Marijuana Fails

By Lessem & Newstat, LLP  Jan. 31, 2013 12:05p

A recent appeal in federal court concerning the reclassification of marijuana by the Drug Enforcement Administration failed. The Americans for Safe Access petitioned the DEA back in 2011 to get the drug's classification changed from a Schedule 1 substance. Schedule 1 substances, according to the DEA, have no medical benefits and are highly addictive. The group tried to change this with evidence presented to the DEA concerning the medical uses and benefits of marijuana. The DEA rejected the case after which the group moved forward with their appeal to a higher court.

The appeal was rejected by the federal court, whose job was not to decide whether the benefits of marijuana justify its reclassification but to review the earlier decision by the DEA. In appeal cases, the higher court's only purpose is to review the legality of earlier rulings. If no legal errors or abuse of power occurred, then the earlier court's decision stands. According to Reuter's news service, the federal court could find no evidence supporting the fact that the DEA's decision was unjustified or unfair. As a result, marijuana still stands as a Schedule 1 drug per the feds. Some states, such as Colorado and Washington, have recently legalized marijuana for recreational purposes despite this.

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