Tag Archives: schedule I

9 ways federal marijuana laws are limiting rights of residents in legal weed states

Federal status of marijuana is affecting both everyday cannabis consumers and people attempting to work in the industry.

By BROOKE EDWARDS STAGGS / STAFF WRITER

Published: Feb. 4, 2017 Updated: Feb. 5, 2017 2:45 p.m.

 Derek Peterson, CEO and president of Terra Tech. Just weeks after Prop. 64 passed, Peterson learned the company that for two years had managed Terra Tech's payroll and health benefits would be dropping them, Dec. 31, because of concern over their role in the cannabis industry. “The decision came out of nowhere,” he said. “We have almost 200 employees that spent their holiday season stressed about the possibility of not having their health benefits available in the new year, let alone a reliable pay schedule.” (File Photo by ED CRISOSTOMO, Orange County Register/SCNG)

Federal law still classifies cannabis as a Schedule I narcotic, a category reserved for drugs such as heroin that are said to be highly addictive and have no medical value. There’s been no movement to ease that stance even though polls show a record number of Americans now believe marijuana should be legal, 28 states now permit medical marijuana and eight more allow recreational use.
One thing that has changed is the optimism some cannabis enthusiasts expressed prior to the November election.
As the biggest state in the nation prepared to vote on legalizing recreational use with Prop. 64, the thinking was that California could become a tipping point that would ultimately lead to federal approval of cannabis.
Prop. 64 easily passed. But confidence in the impact of that vote has dimmed as the reality of a GOP-controlled federal government headed by President Donald Trump – and the prospect of marijuana-opponent Jeff Sessions as Attorney General – has settled in.
For individuals, the ongoing conflict with federal law can make it harder to get everything from housing to healthcare, even if they use cannabis for medical reasons says Paul Armentano, deputy director of the National Organization for the Reform of Marijuana Laws, or NORML.
And for Californians who want to make money in the cannabis industry, the differences between state and federal law can affect how they bank, pay taxes and more.
“It’s a serious hindrance,” said John Hudak, a senior fellow with the Brookings Institution who specializes in marijuana policy.
“It creates a scenario in which companies are able to get up and running, but not operate like a normal business.”
Here are nine ways the federal status of marijuana is affecting both everyday cannabis consumers and people attempting to work in the industry, no matter what their state law says.

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Earl Blumenauer Wants Obama To Drop Marijuana From Dangerous Drug List

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Rep. Earl Blumenauer speaks on Capitol Hill about the tax treatment of state-legal marijuana businesses, as anti-tax advocate Grover Norquist listens. | Michael McAuliff

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WASHINGTON — With federal law enforcement officials moving to make it easier for marijuana businesses to operate in states where they are legal, one member of Congress is calling on President Barack Obama to take the next logical step and remove pot from the federal government’s list of tightly restricted drugs.

Marijuana is listed on Schedule I, along with heroin and LSD, under the Controlled Substances Act of 1970. The Drug Enforcement Administration says that such drugs have "no currently accepted medical use and a high potential for abuse" and that they are "the most dangerous drugs of all the drug schedules with potentially severe psychological or physical dependence."

But Rep. Earl Blumenauer (D-Ore.), a longtime advocate for loosening restrictions on marijuana, thinks that definition clearly doesn’t apply to weed, which can now be medically prescribed in many states. He’s begun circulating a letter to the president among other members of Congress, seeking signers who will ask that marijuana be stricken from the controlled substances categories or at least moved to a less restrictive schedule.

"Schedule I recognizes no medical use, disregarding both medical evidence and the laws of nearly half of the states that have legalized medical marijuana," the letter says.

According to Blumenauer’s spokesman, the congressman had been thinking about such a request for a while, but was sparked to pursue it after Obama told The New Yorker magazine that he thought pot was less destructive than booze.

"You said that you don’t believe marijuana is any more dangerous than alcohol: a fully legalized substance, and believe it to be less dangerous ‘in terms of its impact on the individual consumer.’ This is true," says the letter. "Marijuana, however, remains listed in the federal Controlled Substances Act at Schedule I, the strictest classification, along with heroin and LSD. This is a higher listing than cocaine and methamphetamine, Schedule II substances that you gave as examples of harder drugs. This makes no sense."

Blumenauer will gain a better sense of how many of his colleagues want to sign on to the effort when Congress returns next week, but it will likely require more than a token level of support to sway Obama. In spite of the president’s comments, White House press secretary Jay Carney told reporters last week that Obama remains opposed to decriminalizing pot.

The administration has the authority to determine which substances are and are not on the controlled schedules. Congress can also pass laws to change those lists.

Here is Blumenauer’s full letter:

We were encouraged by your recent comments in your interview with David Remnick in the January 27, 2014 issue of the New Yorker, about the shifting public opinion on the legalization of marijuana. We request that you take action to help alleviate the harms to society caused by the federal Schedule I classification of marijuana.

Lives and resources are wasted on enforcing harsh, unrealistic, and unfair marijuana laws. Nearly two-thirds of a million people every year are arrested for marijuana possession. We spend billions every year enforcing marijuana laws, which disproportionately impact minorities. According to the ACLU, black Americans are nearly four times more likely than whites to be arrested for marijuana possession, despite comparable marijuana usage rates.

You said that you don’t believe marijuana is any more dangerous than alcohol: a fully legalized substance, and believe it to be less dangerous "in terms of its impact on the individual consumer." This is true. Marijuana, however, remains listed in the federal Controlled Substances Act at Schedule I, the strictest classification, along with heroin and LSD. This is a higher listing than cocaine and methamphetamine, Schedule II substances that you gave as examples of harder drugs. This makes no sense.

Classifying marijuana as Schedule I at the federal level perpetuates an unjust and irrational system. Schedule I recognizes no medical use, disregarding both medical evidence and the laws of nearly half of the states that have legalized medical marijuana. A Schedule I or II classification also means that marijuana businesses in states where adult or medical use are legal cannot deduct business expenses from their taxes or take tax credits due to Section 280E of the federal tax code.

We request that you instruct Attorney General Holder to delist or classify marijuana in a more appropriate way, at the very least eliminating it from Schedule I or II. Furthermore, one would hope that your Administration officials publicly reflect your views on this matter. Statements such as the one from DEA chief of operations James L. Capra that the legalization of marijuana at the state level is "reckless and irresponsible" serve no purposes other than to inflame passions and misinform the public.

Thank you for your continued thoughtfulness about this important issue. We believe the current system wastes resources and destroys lives, in turn damaging families and communities. Taking action on this issue is long overdue.

Michael McAuliff covers Congress and politics for The Huffington Post. Talk to him on Facebook.

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Court To Review Marijuana’s Medical Benefits

Lucia Graves

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It started with a coalition of disgruntled Americans, then a handful of governors took up the cause last year, and now — for the first time in nearly 20 years — a federal court will hear oral arguments in a lawsuit challenging the classification of cannabis as a dangerous drug without medical benefits.

In the case, Americans for Safe Access v. Drug Enforcement Administration, the court will be presented with scientific evidence regarding the medicinal effects of marijuana, and is expected to rule on whether or not the Drug Enforcement Administration acted appropriately in denying a petition to reclassify cannabis, filed by a collection of public interest organizations back in 2002.

“Medical marijuana patients are finally getting their day in court,” Joe Elford, chief counsel with ASA, said in a recent statement. “This is a rare opportunity for patients to confront politically motivated decision-making with scientific evidence of marijuana’s medical efficacy.”

Under federal law, a schedule I prohibited substance is defined as having “a high potential for abuse” and “no currently accepted medical use in treatment.” Heroine and LSD are classified alongside marijuana as schedule I, while cocaine, opium and methamphetamine are classified as schedule II, meaning they have “some accepted medical use.”

Other groups, including the American Medical Association, the American Nurses Association and the American Academy of Family Physicians, support medical access to the drug or its reclassification, while the California Medical Association has called for full legalization.

Donald Abrams, chief of hematology-oncology at San Francisco General Hospital, recently described the effectiveness of medical marijuana in the treatment regimens of cancer and HIV/AIDS patients. “I see patients who have loss of appetite, nausea and vomiting from their chemotherapy, pain on and off of opiates, anxiety, depression, and insomnia,” he said in a press briefing last week, adding that these are just some of the conditions that can be alleviated by the use of medical marijuana.

In its rejection of the ASA’s rescheduling petition in 2011, the DEA cited a 4-year-old Department of Health and Human Services paper that found no consensus on medical uses for marijuana, but it did not take into account studies showing the medical benefits of marijuana on the grounds the studies did not meet the standard of double-blind FDA approval trials.

“[T]here are no adequate and well-controlled studies proving (marijuana’s) efficacy; the drug is not accepted by qualified experts…” wrote DEA administrator Michele Leonhart in a July 8, 2011 letter. “At this time, the known risks of marijuana use have not been shown to be outweighed by specific benefits in well-controlled clinical trials that scientifically evaluate safety and efficacy.”

A similar petition calling for marijuana to be reclassified as a schedule II drug was filed with the DEA in 1972, and in 1988, following a federal hearing, Administrative Law Judge Francis Young ruled that marijuana should indeed be reclassified. But that verdict was rejected by then-DEA administrator John Lawn and in 1994, his rejection was upheld by the D.C. Court of Appeals.

The current case will be heard by the U.S. Court of Appeals for the D.C. Circuit on Oct. 16.

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