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US Court Of Appeals

Medicinal Marijuana Might Be in order to Top Court

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Regardless of the overwhelming evidence and recommendations that marijuana is an efficient strategy to a multitude of conditions,  the federal courts happen to be unmoved.  Marijuana remains an agenda one substance (even cocaine is really a schedule II) despite leading to no proven deaths.  Big pharmaceutical cash cows,  such as Vicodin and Oxycodone,  cause hundreds of 1000’s of deaths each year, but they are still legal under federal law.

In The month of january,  the District of Columbus Circuit Court thrown away their opportunity to reform the senseless federal position on medicinal marijuana.  The Washington D.C. Court ruled that since no major pharmaceutical company had tried to bring the drug towards the market,  therefore it mustn’t be considered a medicine.  This author wasn’t aware that you’re likely to bring outlawed substances to the marketplace for these to be considered legal.

The activist group, People in america for Safe Access, is quarrelling the court used an unparalleled standard in rejecting the request deleting marijuana.  ASA also stated that call conflicts with another circuit court ruling produced in 1987.  In that call the courts stated Food and drug administration marketing approval doesn’t turn it into a medicine.  Kris Hermes if ASA stated from the sporadic court opinions “”A legal court has unreasonably elevated the bar for which qualifies being an ‘adequate and well-controlled’ study therefore ongoing the government’s bet on ‘Gotcha’,”

ASA will request the U.S. Supreme Court to consider the situation. In line with the sporadic rationale, there must be a good situation to make.  A national Top Court situation might be just what the marijuana movement needs as it may end up being quite the spectacle to look at the federal government explain their rationale for enabling fatal drugs to achieve industry before marijuana.

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Medical Marijuana Industry News May 25, 2012

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Andy Caffrey Plans to Smoke Marijuana in front of U.S. Capitol if he wins election…

A marijuana patient and activist is seeking to win the congressional seat for California’s 2nd district which includes much of the northern region of the state.  Andy Caffrey has been known to light up a joint during his campaign stops.  If elected he has vowed to continue the tradition on the steps of the United States Capitol building.  The district has been occupied by long time law maker Wally Herger (R-CA) since 1987.  Earlier this year, Mr. Herger announced that he would not be seeking re-election in November.  Caffrey is hoping that he can win the soon to be vacant seat by advocating for major changes in marijuana law and voiced his frustration with both Republicans and Democrats.  The race will be interesting as many hats have been thrown into the race with almost all of them supporting legalized or medical marijuana.  Caffrey has spent previous time working with the environmental group Earth First.

 

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Appeals Court Rejects Medical Marijuana Suit by Disabled Plaintiffs…

Struggling patients were not granted the compassion they were seeking by federal courts.  A lawsuit was filed against California (Marla James vs. the City of Costa Mesa) cities for cracking down on marijuana dispensaries.  The plaintiffs claimed the actions of city municipalities were in direct violation of the Americans with Disabilities Act.  The plaintiffs who are legal marijuana card holders say that other treatments have failed to reduce pain.  The Americans with Disabilities Act prohibits discrimination in providing public services.  The 9th U.S. Circuit Court of Appeals seemed to sympathize with the plaintiffs but felt they could not offer protection because the Americans with Disabilities Act recognizes federal law instead of state legislation.

 

For more on this story and the court’s decision click here

 

US Judge says GPS Use in Marijuana Bust Illegal…

The Drug Enforcement Agency followed Robert Dale Lee by installing a GPS device on his truck.  In September of last year, Kentucky State Troopers pulled over Lee already having vital info provided by the GPS.  Lee arrived in Kentucky with over 150 pounds of marijuana in his truck from Chicago.  A US judge is throwing out the case because the DEA failed to get a warrant before installing the GPS.  In January, the United States Supreme court ruled against the DEA having permission to use GPS locators without a warrant.

 

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United States Senate Officially Outlaws Synthetic Cannabis…

While the outlawing of synthetic cannabis pretty much was handled several months ago by the US Senate, it is now official.  Senator Rand Paul (R-KY) previously objected to the legislation but now the Senate is finally able to move forward.  A bill was also passed by the house toward the end of 2011.  Both bills will likely be combined and then be presented to the president for his signature.   Senator Charles Schumer (D-NY) has led the federal charge against synthetic cannabis.  Synthetic marijuana products such as “K2” and “Spice” have come under fire as they have been linked with serious side effects and emergency room visits, especially by teenagers.

 

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