Tag Archives: Controlled Substance Act

“Using medical cannabis with a doctor’s recommendation in accordance with state law is no excuse for failing a drug test…”

Feds Clarify: Medical Marijuana Isn’t An Excuse In Drug Testing

Published 4 hours ago on November 10, 2017 By Tom Angell

Using medical cannabis with a doctor’s recommendation in accordance with state law is no excuse for failing a drug test, the Trump administration says in a new clarification of federal rules.

“The term ‘prescription’ has become more loosely used in recent years,” the U.S. Department of Transportation (DOT) writes in a ruling scheduled to be published in the Federal Register on Monday. “Some state laws allowing marijuana use the term ‘prescription,’ even though a recommendation for someone to use marijuana under state law is not a prescription consistent with the Controlled Substances Act.”

Under federal regulations, safety-sensitive transportation industry employees are subject to drug testing. In the instance of a positive test, an employee has the opportunity to show that the result was due to their taking a legal prescription medication.

But now, due to growing confusion related to the increasing number of states allowing medical cannabis, the government is adding language to regulations to clarify that the exemption only applies to a “legally valid prescription consistent with the Controlled Substances Act.”

Marijuana is classified under Schedule I of the CSA, a category reserved for drugs that the federal government believes have no medical value. As such, it cannot be prescribed by doctors; they can only recommend it.

“The key point of the phrase we have added is to make sure that a prescription is legally valid. For example, regardless of any state ‘medical marijuana’ laws, there cannot be a legally valid prescription for marijuana, since it remains a Schedule I substance under the CSA,” Transportation Sec. Elaine Chao writes in the new filing.

“Marijuana is a Schedule I drug and, therefore, regardless of the prescribing physician’s intent, it cannot be the basis of a legitimate medical explanation,” the new filing says. “Consistent with longstanding DOT regulatory language and guidance…[Medical review officers] must not treat medical marijuana authorizations under state law as providing a legitimate medical explanation for a DOT drug test that is positive for marijuana.”

The newly clarified rules take effect on January 1.

CONTINUE READING…

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With much gratitude from the USMjParty, Thank You, Sen. Booker!

THIS is what I’ve been praying for!

cory booker

Above:  Sen. Cory Booker (D-NJ) announces the “Marijuana Justice Act” live on Facebook, August 1, 2017.  Follow link to view video!

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Senator Cory Booker (D-NJ) took a giant leap to the front of the legalize Marijuana train and did, in fact, introduce what I consider to be a genuine attempt at ending the failed drug war on all of our people.

The MARIJUANA JUSTICE ACT would correct the long-standing goals of the prison industrial complex.  It is asking to do the following:

*Remove Marijuana from the Controlled Substance Act at the Federal Level,

*Give incentive to States via Federal funds to discontinue prosecuting for Marijuana,

*Retroactive – to provide for a review of Marijuana sentences,

*Expunge – Federal Marijuana use and possession crimes,

*Create Community reinvestment through various programs,

“Descheduling marijuana and applying that change retroactively to people currently serving time for marijuana offenses is a necessary step in correcting this unjust system. States have so far led the way in reforming our criminal justice system and it’s about time the federal government catches up and begins to assert leadership.”

The legalize Marijuana movement has been gaining strength for a number of years now throughout the U.S., and when Attorney General Jeff Session announced his requiem of a failed (and inhumane) war on Marijuana it turned enough heads to say enough is enough!  We cannot continue to let our Government lock us in cages for no good reason. 

There has been numerous Bills introduced so far this year concerning Marijuana, according to GovTrack.us.  I am including a few of the links here for convenience.

H.R. 3534: To make the Controlled Substances Act inapplicable with respect to marihuana in States that have legalized marijuana and have in effect a statewide regulatory regime to protect certain Federal interests, and for other purposes.

H.R. 3391: To amend the Controlled Substances Act to make marijuana accessible for use by qualified marijuana researchers for medical purposes, and for other purposes.

H.R. 3252: Second Chance for Students Act

S. 1374: CARERS Act of 2017

H.R. 2920: CARERS Act of 2017

S. 1008: Therapeutic Hemp Medical Access Act of 2017

H.R. 2273: Charlotte’s Web Medical Access Act of 2017

H.R. 2020: To provide for the rescheduling of marijuana into schedule III of the Controlled Substances Act.

The only way to truly end the war on marijuana is to remove it from the CSA and then continue down through the individual States.  This is what Sen. Booker is trying to make happen with the Marijuana Justice Act and I certainly hope that everyone gets behind him on this most important endeavor.

Here is a link to his Twitter where you can send him a message to congratulate him on this awesome step his is taking!

We cannot continue to let our people die on rogue street drugs such as heroin and fentanyl because they have to pass a drug test for Marijuana.  End the madness now!  End the war on drugs!  REPEAL PROHIBITION!

https://www.facebook.com/corybooker/videos/10157111094132228/

https://www.scribd.com/document/355207910/Marijuana-Justice-Act-of-2017#user-util-view-profile

https://www.booker.senate.gov/?p=press_release&id=638

https://twitter.com/SenBookerOffice?ref_src=twsrc%5Egoogle%7Ctwcamp%5Eserp%7Ctwgr%5Eauthor

https://www.govtrack.us/congress/bills/browse?text=marijuana#sort=-introduced_date

http://www.rollingstone.com/politics/news/medical-marijuana-bill-aims-to-fight-sessions-war-on-drugs-w488311

http://www.wlky.com/article/sen-booker-introduce-marijuana-justice-act/10396905

https://kentuckymarijuanaparty.com/2017/07/23/the-children-left-behind/

https://kentuckymarijuanaparty.com/2017/07/11/dying-with-francis-and-learning-to-live-again/

https://kentuckymarijuanaparty.com/2015/09/24/all-roads-in-kentucky-lead-you-through-hell/

http://kyusmjparty.weebly.com/usmjparty-platform.html?fb_action_ids=10154004928797994&fb_action_types=og.comments

DeKalb father sues AG Jeff Sessions over marijuana

Christopher Hopper, WXIA 11:45 PM. EDT July 27, 2017

A DeKalb County father is suing the federal government, namely Attorney General Jeff Sessions over marijuana.

Sebastien Cotte, Stone Mountain, is named in a federal lawsuit filed Monday, July 24 in a U.S. District Court in Manhattan challenging the Controlled Substances Act.

Cotte has a 6-year-old son Jagger who suffers from a terminal neurological disorder called Leigh’s Disease.

Cotte has been giving Jagger cannabis oil for nearly three years and believes it has extended his life.

“Usually 95 percent of them do not make it past 4-years-old,” said Sebastien Cotte, suing the federal government.

In September Jagger will turn seven.

Around the time most kids die from this chronic disease, Cotte moved his family to Colorado and Jagger started cannabis oil.

He no longer takes oxycontin or morphine.

“It’s been game changing for him it’s one of the main reasons he’s still alive today,” he said.

Cotte said marijuana’s medical benefits are keeping Jagger alive, and that’s why he’s a plaintiff in this lawsuit.

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It’s 90 pages long and is against Attorney General Jeff Session and the federal government for classifying marijuana in a category with heroin and LSD, highly addictive drugs with no accepted medical use.

Cocaine and methamphetamine are Schedule II drugs and are considered less addictive and dangerous compared to marijuana.

Cotte said that Schedule I status is what’s keeping Georgian’s who can legally use cannabis oil from being able to buy marijuana grown here.

“To be able to get it here in Georgia, get a safe legal tested product here in which we could get if cannabis wasn’t a Schedule I substance, that would be life changing for Jagger and thousands,” he said. “You know we have over 2,000 people on the registry right now.”

There are several plaintiffs in the lawsuit in addition to the Cotte’s including a former NFL player and a combat veteran with PTSD.

PDF DOCUMENT OF LAWSUIT HERE

CONTINUE READING / VIDEO…

Remove Marijuana from the Controlled Substances Act & End Cannabis Prohibition

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Petition by Deschedule 2016

To be delivered to The United States House of Representatives, The United States Senate, and President Barack Obama

Issue an Executive Order directing the Department of Justice and the Drug Enforcement Agency (DEA) to cease enforcing codes under the Controlled Substances Act relating to marijuana and its cannabinoids.
Pass legislation to:
• Amend the Controlled Substances Act to remove marijuana and its cannabinoids from the schedule of controlled substances;
• Remove restrictions for import and export of marijuana, including viable seed;
• Transfer authority for cannabis regulation and licensing to the United States Department of Agriculture (USDA), designating it as an agricultural crop;
• Amend Section 7606 of the Agricultural Act of 2014 to remove the “for research purposes only” provision to permit for legal personal and commercial hemp cultivation nationwide.
Join Canada, Mexico and other countries to call for the end of global marijuana prohibition during the United Nation’s General Assembly Special Session on the World Drug Problem, April 19-21, 2016 in New York.

CONTINUE READING…..

SIGN PETITITION HERE…

Lawmakers, sign on now, to repeal the Controlled Substances Act of 1970 (CSA).

JackieTreehorn

Joined: Sep 2005

USA TX, USA

Posted: 10/20/2008 3:04:42 PM EDT

Lawmakers, sign on now, to repeal the Controlled Substances Act of 1970 (CSA).

Without this authority, the ill-conceived War On Drugs (WOD) stops in its tracks. No one has talked about the War On Drugs for a long time. It has not gone away.

We still squander scarce resources on the fight against ourselves, at a time when foreign enemies are at the gate. Enough is enough, too much is too much, and more of this futile war would be the height of fiscal irresponsibility. Do now, for the War On Drugs, what the 21st Amendment did for the 18th, and with it, alcohol prohibition. Stop throwing good money after bad.
We should have learned a lesson from alcohol prohibition, namely that it doesn’t work.
Isn’t there enough blood in the streets already, without continuing to shoot ourselves in the feet?

Do we really need to ruin the lives of so many of our own children, perhaps on the theory it is for their own good?

The CSA is unconstitutional. The CSA never had a constitutional amendment to enable it, like the 18th amendment enabled alcohol prohibition. The drug warriors have, so far, gotten away with an end run, subverting the lack of constitutional authority.

An authority over Interstate Commerce provides a pretext of constitutionality. Any excuse is better than none. So, how is that interstate commerce going, these days? Why would a bankrupt treasury distain to derive revenue from its number one cash crop? The anti-capitalist policy inhibits small farmers from cultivating for a taxed market, and gifts a tax-free monopoly to outlaws, some of whom may be friends of our enemies. This is not what the founders had in mind when they authorized meddling in interstate commerce. Lets bring the underground economy into the taxed economy.

The Supreme Court got it wrong in Gonzales V Raich. Good on Clarence Thomas for noticing that the so-called constitutionality of the law is a mockery.
www.law.cornell.edu/supct/html/03-1454.ZD1.html

How did we get this CSA? Was there an informed debate on the floor? Did the substances ever get their day in court? What congressman then, or now, would admit to knowing a thing or two about LSD?

The lawmakers have never wanted to know more than it is politically safe to be against it.

Governments around the world ignore fact-checkers and even their own reports.

Forgive them, Lord, they make it their business to know not what they do.

Common sense tells us that personal experience deepens the understanding of issues. Personal experience is a good thing. But we herd the experienced to the hoosegow. We keep them out of jobs. The many who avoid detection must live double lives.
The congressmen who passed the CSA probably don’t even get it that they deny freedom of religion to those who prefer a non-placebo as their sacrament of communion.

Congress shall make no law prohibiting the free exercise of religious freedom, says the First Amendment. But they did.

Many of the prohibited substances provide access to unique mental states. You can’t say your piece, if you can’t think it up. You can’t think it up, if you are not in a receptive state of mind. Neither the Constitution, nor its amendments, enumerates a power of government to prevent access to specific states of mind. How and when did the government acquire this power, to restrict consciousness and thought?

Congress shall make no law abridging freedom of speech, says the First Amendment. But they did.

What would happen if the CSA was enforced one hundred percent? What if all the civil disobedient turned in notarized confessions tomorrow? That is a double digit demographic. Even after years of spending more on prisons than on schools, the prisons don’t have that kind of sleeping capacity. Converting taxpayers into wards of the state mathematically increases the tax burden on the remainder. Higher tax burdens are not what the doctor is ordering at this time.

None of these substances are alleged to be as harmful as prison is. Granny’s justice is a saner benchmark. A kid caught with cigarettes must keep on smoking them, right then and there, until he or she has wretched. Drugs are sometimes accused of causing paranoia, but it is prohibition’s threat of loss of liberty, employment, and estate, that introduces paranoia. Apparently it is true that some of these substances do cause insanity, but the insanity is only in the minds of those who have never tried them.

There shall not be cruel and unusual punishment, says the Eighth Amendment. But here it is, in the CSA.

In the 1630’s, the pilgrims wrote home glowingly that the native hemp was superior to European varieties. Now, the government pretends it has a right to prohibit farmers from the husbandry of native hemp, but it so doesn’t. Could an offender get a plea-bargain, by rolling over on someone higher up in the organization? The farmer does nothing to nature’s seed that God Himself does not do when He provides it rain, sunlight, and decomposing earth. How can it be a crime to do as God does? Is the instigator to get off scot-free, while small users are selectively prosecuted?

God confesses, in Genesis 11-12, it was He who created the seed-bearing plants, on the second day. Then, He saw they were good. There you have it, the perpetrator shows no remorse about creating cannabis or mushrooms. Neither has He apologized for endowing humans with sensitive internal receptor sites which activate seductive mental effects in the presence of the scheduled molecules. Book Him, Dano.

Common Law must hold that humans are the legal owners of their own bodies. Men may dispose of their property as they please. It is none of Government’s business which substances its citizens prefer to stimulate themselves with. Men have a right to get drunk in their own homes, be it folly or otherwise. The usual caveats, against injury to others, or their estates, remain in effect.

The Declaration of Independence gets right to the point. The Pursuit Of Happiness is a self-evident, God-given, inalienable, right of man. The War On Drugs is, in reality, a war on the pursuit of happiness. Too bad the Declaration of Independence is not worth much in court.

Notwithstanding the failure of the Supreme Court to overturn the CSA, lawmakers can and should repeal the act. Lawmakers, please get to it now, in each house, without undue delay. Wake up.

Who has the guts to put America first and not prolong the tragedy?
We don’t need the CSA. The citizenry already has legal recourse for various injuries to itself and its estate, without invoking any War On Drugs. We should stop committing resources to ruin the lives of peaceful people who never injured anyone. If someone screws up at work, fire him or her for the screw-up. The Books still have plenty of laws on them, without this one.

Without the CSA, the empty prisons could conceivably be used to house the homeless. Homeland security might be able to use the choppers that won’t be needed for eradication. Maybe the negative numbers that will have to be used to bottom-line our legacy to the next generation can be less ginormous.

Cannabis has a stronger claim to the blessing of the state than do the sanctioned tobacco and alcohol. Cannabis does not have the deadly lung cancer of tobacco, nor the puking, hangover, and liver cirrhosis of alcohol. To the contrary, cannabis shows promise as an anti-tumor agent. Nor is cannabis associated with social problems like fighting and crashing cars. Cannabis-intoxication is usually too mellow for fighting, and impaired drivers typically drive within the limits of their impairment. The roads will be safer, if slower, for every driver that switches from drink to smoke. Coffee drinkers cause more serious accidents by zipping in and out of traffic and tailgating. To assure public safety on the road, cops need a kit to assess driving competence and alertness objectively. Perhaps science can develop a virtual reality simulator. Hopefully it could also detect drowsy, Alzheimer’s, and perhaps road-raging, drivers.

John McCain should recuse himself on the CSA repeal issue, due to the conflict of interest of potential competition for his family beer franchise. Both candidates have promised to end ‘failed programs’, but neither has issued a timetable, or a roadmap, for standing down on the WOD.

The debate how a crippled USA can manage ‘the two wars’ is blind. Hello, there are three, not two, wars. The War On Drugs has not let up, after 38 years of failure. Its costs are in the ballpark of the foreign wars. There is no lower-hanging, riper, or higher yielding budgetary fruit than to stop this third war, cold turkey. We are making new enemies faster than we are killing the old ones. We are losing old friends. In this national crisis of global humiliation, we should cut a little slack to those who still love the United States of America, no matter what they may be smoking.

Stave off national meltdown, by repeal of the CSA, this week, if possible. TIA.

Without the War On Drugs, Americans can come together as a people in ways that are not possible with so many of our best and brightest under threat of disenfranchisement.

http://www.ar15.com/forums/t_1_5/773950_Call_for_Repeal_of_the_Controlled_Substances_Act_of_1970.html