25 Years Ago: DEA's Own Administrative Law Judge Ruled Cannabis Should Be Reclassified Under Federal Law
Washington, DC: Friday, September 6, 2013 marks the 25-year anniversary of an administrative ruling which determined that cannabis possesses accepted medical utility and ought to be reclassified accordingly under federal law.
The ruling, issued in 1988 by US Drug Enforcement Administration (DEA) Chief Administrative Law Judge Francis Young "In the Matter of Marijuana Rescheduling," determined: "Marijuana, in its natural form, is one of the safest therapeutically active substances known to man. By any measure of rational analysis marijuana can be safely used within a supervised routine of medical care."
Young continued: "It would be unreasonable, arbitrary and capricious for DEA to continue to stand between those sufferers and the benefits of this substance in light of the evidence in this record."
Judge Young concluded: "The administrative law judge recommends that the Administrator conclude that the marijuana plant considered as a whole has a currently accepted medical use in treatment in the United States, that there is no lack of accepted safety for use of it under medical supervision and that it may lawfully be transferred from Schedule I to Schedule II [of the federal Controlled Substances Act]."
Judge Young's ruling was in response to an administrative petition filed in 1972 by NORML which sought to reschedule cannabis under federal law. Federal authorities initially refused to accept the petition until mandated to do so by the US Court of Appeals in 1974, and then refused to properly process it until again ordered by the Court in 1982. In 1986, 14-years after NORML filed its initial petition, the DEA finally held public hearings on the issue before Judge Young, who rendered his decision two years later.
However, then-DEA Administrator John Lawn ultimately rejected Young's determination, and in 1994, the Court of Appeals allowed Lawn's reversal to stand – maintaining marijuana's present classification as a Schedule I prohibited substance with "no accepted medical use," and a "lack of accepted safety ... under medical supervision."
In July 2011, the DEA rejected a separate marijuana rescheduling petition, initially filed in 2002. This past January, a three-judge panel for the US Court of Appeals for the District of Columbia affirmed the DEA's decision, ruling that insufficient clinical studies exist to warrant a judicial review of cannabis' federally prohibited status.
Report: Over 100,000 NYC Residents Could Benefit From Access To Medical Cannabis
New York, NY: More than 100,000 New York City residents suffering from serious medical conditions such as cancer and chronic pain could benefit from legal access to cannabis therapy, according to a report released last week by the New York City Comptroller's Office. The mission of the Comptroller's Office is to ensure the financial health of New York City by advising the Mayor, the City Council, and the public of the City's financial condition.
The report, entitled "100,000 Reasons: Medical Marijuana in the Big Apple," finds that some 8 out of 10 New Yorkers endorse permitting patient access to medical cannabis, and estimates that at least 100,000 City residents would immediately benefit from its legalization.
"[W]e believe this is a conservative estimate," authors of the report state, "because registration for medical marijuana programs in the various states falls short of the potential. Patients experience social stigma and related social sanctions for using medical marijuana, and many doctors are not familiar with its benefits. Moreover, the federal government has created unnecessary obstacles for academic and research institutions to study marijuana, thereby impeding research that could lead to a broader use of medical marijuana."
The report endorses various legal and legislative efforts to amend state and federal marijuana laws. Locally, the report's authors recommend that New York City establish a 'Medical Cannabis Research Fund' to engage in clinical study of the plant; they further propose the establishment of cannabis grow operations at selected public hospitals. The report also recommends that health insurance providers be required to cover some costs related to medical cannabis expenses.
"In the 1980s, New York State acknowledged marijuana's medicinal value and supported research for chemotherapy patients," the report concludes. "By following the recommendations outlined in this report, we can hit the ground running where we left off just 30 years ago and make a meaningful impact for New Yorkers suffering today and for years to come."
The Comptroller's Office had previously issued a report estimating that regulating and taxing marijuana for New York City residents age 21 and over would yield an estimated $431 million in annual savings and revenue.
Full text of the report is available online at: https://comptroller.nyc.gov/wp-content/uploads/2013/08/RegMarij_Summary_8-29b.pdf
Michigan: Lansing Voters To Decide This Fall On Marijuana Legalization Ordinance
Lansing, MI: Lansing voters will decide this fall in favor of a municipal initiative repealing criminal and civil penalties involving the adult possession of cannabis by adults on private property.
Initiative proponents, Coalition for a Safer Lansing, collected some 7,000 signatures from registered voters to qualify the measure for the 2013 November ballot. The Lansing City Clerk's office certified the measure last week.
City Mayor Virg Bernero had previously spoken in favor of reforming the city's marijuana laws.
Last year, voters in four Michigan cities – Detroit, Flint, Grand Rapids, and Ypsilanti – all voted overwhelmingly in favor of municipal measures to depenalize marijuana offenses.
Voters in Portland, Maine will also vote on a similar citywide initiative this fall.
For more information, please visit: https://www.saferlansing.com
