The class action suit to force the feds to re-open its compassionate use program for marijuana users has been dismissed.
The lawsuit was launched by Attorney Lawrence Hirsch (see CC#19), on behalf of over 180 patients from every state in the US, who demanded equal access to the Compassionate Investigational New Drug Program, which provides medical pot to 8 US citizens.
The program was started by the feds in 1978, as a way of settling a lawsuit by glaucoma sufferer Robert Randall, who had sued for access to medicinal marijuana.
The program expanded over the years to include a handful of other patients. As knowledge about medical pot increased, so did the number of applications. By 1989, annual applications had increased from 5 to 40, and in response the feds closed the program to new applicants in 1992.
Judge Katz described the governments med-pot program as “flawed and somewhat strange.” He derided the government for not having obtained “a single useful clinical result” despite twenty years of dispensing medicinal pot. Yet he still dismissed the lawsuit, saying the government had acted “rationally” in refusing to admit new patients.
The class action suit will proceed to the US Supreme Court.
? Class Action Lawsuit: Hirsch & Caplan Public Interest Law Firm, 1735 Market Street A-414, Philadelphia PA 19103; tel (215) 496-9530; fax (215) 496-9532; email: [email protected]; website: www.fairlaw.org