Medical Marijuana Lawsuit Reviewing Scientific Evidence Reaches Federal Court For First Time In Nearly 20 Years

For the first time in nearly 20 years, a United States Court of Appeals is set to hear oral arguments in a lawsuit challenging the federal government’s classification of marijuana as a dangerous drug with no medicinal value: Americans for Safe Access v. Drug Enforcement Administration. This historic case will force a federal court to finally review the scientific evidence regarding the therapeutic efficacy of marijuana.

During a press briefing Thursday, plaintiffs in the case, along with leading medical researchers and clinicians, spoke about the necessity of the federal government recognizing current scientific data supporting marijuana rescheduling. Marijuana is currently classified in the same category as heroin despite calls from scientists, medical professionals, and policy makers to reschedule marijuana for medical use.

The U.S. Court of Appeals for the D.C. Circuit will hear opening arguments on the case the morning of October 16, 2012. “Medical marijuana patients are finally getting their day in court,” said Joe Elford, Chief Counsel with Americans for Safe Access (ASA), who will be arguing the case before the D.C. Circuit. “What’s at stake in this case is nothing less than our country’s scientific integrity and the imminent needs of millions of patients.”

On the call, Dr. Donald Abrams, Director of Clinical Programs at San Francisco General Hospital, described the effectiveness of medical marijuana in the treatment regimens of cancer and HIV/AIDS patients. “In my practice every day as a cancer specialist I see patients who have loss of appetite, nausea and vomiting from their chemotherapy, pain on and off of opiates, anxiety, depression, and insomnia,” conditions which Dr. Abrams said can be alleviated by medical marijuana.

Dr. Igor Grant, Executive Vice-Chair, Department of Psychiatry, University of California-San Diego School of Medicine, and director of the Center for Medicinal Cannabis Research, stated that multiple California state-supported studies have resulted in “very good evidence” that medical marijuana “is effective in treating muscle spasticity,” which is often experienced by patients with Multiple sclerosis and other painful disorders. He added that it is critical to separate out patients’ legitimate medical needs from other issues surrounding marijuana’s distribution and usage. Dr. Grant recently published a study in Open Neurology Journal concluding that marijuana’s current classification is “untenable.”

– Read the entire article at ENews Park Forest.



  1. Pingback: Cannabis Culture Articles For 10/05/12 - 420 Dot Com

  2. Don B on

    Will the DEA be able to ignore a favorable ruling as they have in the past, or will they be required to reschedule?

  3. Anonymous on

    Prosecute Biogate! Martial MC Rogan
    Posted by ROBERTBERTRANDGRIFFITH on Jun 26 2012
    Please Help Prosecute Biogate!

    Martial MC Rogan

    By Brett Okamoto, – Wednesday, March 14 2012
    Nick Diaz Challenging Suspension For Marijuana Use

    Smash Balls Infect Womb & Brain British Caste Methods Spirochete
    Posted by Anonymous on Jul 6 2012

    The caste system in India is a system of social stratification, [1] social restriction and a basis for affirmative action [2] [3] in India. Historically, the caste system in India defined communities into thousands of endogamous hereditary groups called J?tis. [4]

    Caste is commonly thought of as an ancient fact of Hindu life, but various contemporary scholars have argued that the caste system was constructed by the British colonial regime. [2] [16] [17] [18] [19] Caste is neither unique to Hindu religion nor to India; caste systems have been observed in other parts of the world, for example, in the Muslim community of Yemen, Christian colonies of Spain, and the Buddhist community of Japan. [1] [20] [21]
    News Release

    Marijuana’s Active Ingredient Shown to Inhibit Primary Marker of Alzheimer’s Disease
    Discovery Could Lead to More Effective Treatments

    LA JOLLA, CA, August 9, 2006 – Scientists at The Scripps Research Institute have found that the active ingredient in marijuana, tetrahydrocannabinol or THC, inhibits the formation of amyloid plaque, the primary pathological marker for Alzheimer’s disease. In fact, the study said, THC is “a considerably superior inhibitor of [amyloid plaque] aggregation” to several currently approved drugs for treating the disease.

    The study was published online August 9 in the journal Molecular Pharmaceutics, a publication of the American Chemical Society.

    According to the new Scripps Research study, which used both computer modeling and biochemical assays, THC inhibits the enzyme acetylcholinesterase (AChE), which acts as a “molecular chaperone” to accelerate the formation of amyloid plaque in the brains of Alzheimer victims.

    Alzheimer’s disease is the leading cause of dementia among the elderly, and the numbers are growing. The Alzheimer’s Association estimates 4.5 million Americans have the disease, a figure that could reach as high as 16 million by 2050.

    A survey by the National Center for Health Statistics noted that half of all nursing home residents have Alzheimer’s disease or a related disorder. The costs of caring for Alzheimer’s patients are at least $100 billion annually, according to the National Institute on Aging.
    Fata: How Hemp Can Solve the Population Explosion

    The present classification of cannabis and its organic compounds as schedule I prohibited substances under federal law is scientifically indefensible, according to a just published review in The Open Neurology Journal.

    Brain Cancer Survival | Cannabis | Cash Hyde Foundation …

    Cashy is considered a Miracle to thousands of people around the world which is why we have started the Cash Hyde Foundation in Missoula, MT.

    Medical Marijuna
    Cannabis and other medical marijuana facts and information …

  4. Paul Pot on

    It might help this case if it can drag on for just a few weeks longer.
    If Colorado, Oregon or Washington should legalize it might have some bearing on the out come of the case.
    The courts would have to acknowledge that the current social attitudes are not the same as they were when these laws were first enacted.

  5. Mrs. Ratsrectum on

    It probably will be a Kangaroo Court, siding with federal law that states that cannabis has no medical value despite the scientific evidence that cannabis does indeed have medical value. It would be heretical for them to do otherwise, and they’d risk the wrath of the Latter Day Inquisition.

    If, by chance, they do rule in favor of the scientific evidence, they may pave the way for states to keep the feds from interfering in MMJ states. Paper MMJ plans would become brick and mortar, and more and more states would jump aboard the cannabis money train.

    I’m not expecting them to make legalization any faster. They don’t care about ending the deaths and suffering in the name of cannabis prohibition.

  6. RG on

    RG Says:

    December 22nd, 2011 at 11:20 pm

    The Federal Tort Claims Act or “FTCA”, (June 25, 1948, ch. 646, Title IV, 62 Stat. 982, “28 U.S.C. Pt.VI Ch.171? and 28 U.S.C. § 1346(b)), is a statute enacted by the United States Congress in 1948. “Federal Tort Claims Act” was also previously the official short title passed by the Seventy-ninth Congress on August 2, 1946 as Title IV of the Legislative Reorganization Act, 60 Stat. 842, which was classified principally to chapter 20 (§§ 921, 922, 931–934, 941–946) of former Title 28, Judicial Code and Judiciary.
    That Title IV of the Legislative Reorganization Act act of August 2, 1946 was substantially repealed and reenacted as sections 1346 (b) and 2671 et seq. of this title by act June 25, 1948, ch. 646, 62 Stat. 982, the first section of which enacted this title (Tort Claims Procedure). [1]
    The FTCA permits private parties to sue the United States in a federal court for most torts committed by persons acting on behalf of the United States. The FTCA constitutes a limited waiver of sovereign immunity.

    The Federal Tort Claims Act of 1946, for the first time, gave American citizens the right to sue the federal government.” [4]

    Bill O’Reilly Thinks Medical Marijuana is a Sneaky Plot to Give People Medicine, Or Something.

    Bill O’Reilly’s indignant posturing is typical of the contemporary medical marijuana skeptic: I have no problem with medical use, but any plan for supplying patients is a fraud and anyone who grows or sells marijuana is a scumbag.

    The primary reason for this communication was to create an awareness of the methods of omission used by all parties in this great crime against humanity itself. Now if you look closely you will not find the mentioning of powerful antibiotic actions of marijuana nor will you find the mentioning of the Lyme plague (Lyme disease primarily is treated with powerful antibiotics ) which was so disturbing to myself — you the reader are being directed to these specific omitted facts with all the background provided.

    Cannabis plant extracts can effectively fight drug-resistant bacteria.

    Antibacterial Cannabinoids from Cannabis sativa

    The audience of the communication has at length in time now been exposed to the Lyme plague instrumented by the United States Government and their facilitating agents. The email sent out by Joseph Mercola clearly demonstrates the aggressive actions by the criminal parties which must be responded to with every action possible.

    Thus the difficult yet apparent facts of this bio weapon being empowered by marijuana Prohibition comes to light. This is the 2012 moment and we have to prosecute this crime.

  7. gutrod on

    The kangaroo court decision has already been decided. They will accept no arguments in favor of ending cannabis prohibition. Court adjourned.