Suing Jeff Sessions: Federal Judge reserves decision in lawsuit over marijuana prohibition

“Regardless of the ruling, in my eyes we won,” says Belen, who was at the hearing. “The sheer fact that we were given the attention we received, it was a win. We are now one step closer to hope and victory.” It’s likely the case will appear in the U.S. Court of Appeals for Second Circuit, and then potentially the U.S. Supreme Court. “This is a dry run for what will come next,” says Belen. “We are not going to stop.”

In a rather entertaining show, Judge Alvin Hellerstein interrogated both Michael Hiller, lead counsel representing a group of plaintiffs challenging the constitutionality of federal marijuana prohibition, as well as assistant U.S. Attorney Samuel Dolinger, arguing on behalf of the government’s motion to dismiss the case — Washington, v. Sessions … Despite Dolinger’s attempt to argue that marijuana should remain a Schedule I drug based on precedent set by other courts, Judge Hellerstein said that without question, the plaintiffs are living proof of the medical efficacy of marijuana – According to Hiller, the Controlled Substances Act (CSA) makes no sense. For a drug to be classified as Schedule I, it must meet the requirements of having no medical efficacy, having a high potential for abuse, and being so dangerous the it can’t be tested even under strict medical supervision. Hiller and his co-counsel argue that marijuana prohibition infringes on the plaintiffs’ right to travel, the right to use life-saving medicine for the preservation of health and life, and the right to due process, among other Constitutional rights, such as to be free from Congressional overreach. “This is not just a case about cannabis, it’s a case about human rights and human dignity,” Hiller tells MERRY JANE. “People should have the right to use medication that preserves their health and their lives without interference of the government. If medication is preserving Alexis Bortell’s life, why isn’t the federal government bending over backwards to make that drug available?” If the federal government actually believed that cannabis were as dangerous as its Schedule I status suggests, then it makes no sense for them to have a patent on cannabis for the treatment of diseases like Parkinson’s or Alzheimer’s, to send joints to patients as part of an Investigational New Drug Program, and to issue a FinCEN guidance through the Department of Treasury advising banks on how to work with cannabis businesses, Hiller and his team argue.

Original Article (MerryJane):
Suing Jeff Sessions: Federal Judge reserves decision in lawsuit over marijuana prohibition
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