Cannabis Law Group's Medical Marijuana Legal Blog
Constitutionality of Cannabis: Federal Lawsuit Against DEA, DOJ Proceeds
A federal lawsuit against the U.S. Drug Enforcement Administration and the U.S. Department of Justice, challenging the constitutionality of the federal law designating marijuana a Schedule I controlled substance proceeded recently to the next level with oral arguments before the U.S. Court of Appeals for the Second Circuit. As our Los Angeles marijuana patient attorneys can explain, the crux of the argument by plaintiffs of the claim, first filed in 2017, is that the designation ignores the merits of the drug for medicinal purposes. The appeal was heard last month by the three-judge panel. 
Plaintiffs in the lawsuit include a 12-year-old epilepsy patient, an 8-year-old Leigh’s syndrome patient, an Iraq war veteran and sufferer of post-traumatic stress disorder, a former NFL player who heads a hemp company hawking sports performance products and a non-profit that helps minorities get ahead in the legal cannabis market. Defendants are acting-Attorney General Matthew Whitaker, the acting director of the DEA and the federal government.
The appeal, limited to presentations of just a few minutes per side, rests on a dispute of the assertion that the Controlled Substances Act violates the 5th Amendment, which guarantees the right of citizens to preserve life and health. Continue reading