Toke TV 80: Americans Want Legal Weed! Obama Supports Medical Marijuana! Christie Promises Cannabis Crackdown!
Leonhart responded that government employee protections make it hard for her to fire anyone. While the FBI is exempt from some civil service protections, the DEA director and other federal... From: Regulate Marijuana Views: 703 7 ratings Time: 02:00 More in Nonprofits & Activism
The discussion on SB 844 will be centered on the Lab Standards (-2), Labeling (-3), and Land Use (-5) amendments. SB 844 Public Testimony - Specifies that premises licensed by Oregon Liquor... From: Regulate Marijuana Views: 13 0 ratings Time: 01:51:44 More in Nonprofits & Activism
Judge Kimberly J. Mueller of the Federal District Court in Sacramento, California issued her oral ruling during a 15-minute court hearing today. Judge Mueller heard closing arguments in the case in early February but had postponed her decision on several occasions. Her written opinion is not yet available but is expected to be posted publicly by week’s end.
“At some point in time, a court may decide this status to be unconstitutional,” Judge Mueller said from the bench. “But this is not the court and not the time.”
Defense counsel intends to appeal the ruling.
In October, defense counsel and experts presented evidence over a five-day period arguing that the scientific literature is not supportive of the plant’s present categorization. Lawyers for the federal government countered that it is rational for the government to maintain the plant’s prohibitive status as long as there remains any dispute among experts in regard to its safety and efficacy. Defense counsel — attorneys Zenia Gilg and Heather Burke of the NORML Legal Committee — further contended that the federal law prohibiting Justice Department officials from interfering with the facilitation of the regulated distribution of cannabis in over 20 US states can not be reconciled with the government’s continued insistence that the plant is deserving of its Schedule I status under federal law.
Paul Armentano, NORML’s deputy director who served as the principal investigator for defense counsel in this case said: “We applaud Judge Mueller for having the courage to hear this issue and provide it the careful consideration it deserves. While we are disappointed with this ruling, it changes little. We always felt this had to ultimately be decided by the Ninth Circuit and we have an unprecedented record for the court to consider.
“In the interim, it is our hope that lawmakers move expeditiously to change public policy. Presently, bipartisan legislation is before the House and Senate to recognize cannabis’ therapeutic utility and to reschedule it accordingly and we encourage members of Congress to move forward expeditiously to enact this measure.”
In a brief filed with the court by the federal government, it contended: “Congress’ decision to treat marijuana as a controlled substance was and remains well within the broad range of permissible legislative choices. Defendants appear to argue that Congress was wrong or incorrectly weighed the evidence. Although they failed to prove even that much, it would be insufficient. Rational basis review does not permit the Court’s to ‘second guess’ Congress’ conclusions, but only to enjoin decisions that are totally irrational or without an ‘imaginable’ basis.”
They added: “Congress is not required to be ‘right,’ nor does it matter if the basis on which Congress made its decision turns out to be ‘wrong.’ All that is required is that Congress could rationally have believed that its action — banning the production and distribution of marijuana — would advance its indisputably legitimate interests in promoting public health and welfare. Because qualified experts disagree, it is not for the Courts to decide the issue and the statute must be upheld.”
Said Armentano, “The continued Schedule I classification of cannabis, in 2015, in self-evidently ridiculous. But unfortunately, the law may be ridiculous and still pass constitutional muster.”
He added, “The judge in this case missed a golden opportunity to demand that federal law comport with available science, public opinion, and common sense.”
Legal briefs in the case, United States v. Schweder, et. al., No. 2:11-CR-0449-KJM, are available online here.
Fifty-three percent of Americans say that the “use of marijuana should be legal,” according to nationwide survey data published today by the Pew Research Center.
“Support for marijuana legalization is rapidly outpacing opposition,” pollsters opined, acknowledging that Americans’ support for legalizing marijuana has risen some 10 percentage points over the past five years. Forty-four percent of respondents oppose legalization in the 2015 poll and three percent are undecided.
The poll is the latest in a series of national surveys showing majority support for legalizing and regulating marijuana.
Millennials (68 percent) are most likely to support legalization while most of those age 70 or older do not (29 percent). Most Republicans (39 percent) and Hispanics (40 percent) also remain opposed to legalizing marijuana.
Nearly two-thirds of respondents (62 percent) oppose the use of marijuana in public. By contrast, most respondents (57 percent) said that they would not be bothered if a “business selling marijuana” opened in their neighborhood.
Posted by Gary Storck
Monday, April 13, 2015
Rep. Melissa Sargent (D-Madison) today announced a hybrid cannabis legalization/medical cannabis bill at a Capitol press conference.
SB 479 Creates Task Force on Clinical Research of Cannabis and directs task force to study and report on development of medical cannabis industry that provides patients with medical products... From: Regulate Marijuana Views: 33 2 ratings Time: 01:12:36 More in Nonprofits & Activism