Stupid Federal Marijuana Law Challenged

Over in the Saporta Report, the great Maggie Lee describes a lawsuit filed by a DeKalb County family to change the federal classification of marijuana.

We have proof after proof that it shouldn’t be a Schedule I substance,” said Sebastien Cotte, a Stone Mountain dad who gives his son Jagger, 6, a liquid made from cannabis to alleviate the pain of Leigh’s disease. That’s a rare neurological disorder that generally causes death in two to three years.

Cotte is among the medical marijuana activists who say the drug is therapeutic. But the federal government bans it as a “Schedule I” drug: those with no currently accepted medical use and a high potential for abuse. The list also includes heroin, LSD and ecstasy.

The lawsuit argues that the cannabis classification is wrong on several grounds and is “so irrational as a matter of law that it cannot be said to be rationally related to any legitimate government purpose.”

This doesn’t look like “legalization” but more like “decriminalization” -an attempt to bring a little common sense to the country’s attitude towards the wacky weed, and frankly, it’s long overdue. While there are genuine issues with full legalization of marijuana, (such as testing for marijuana-impaired drivers) locking people up for possessing or using marijuana is an utter waste of tax dollars and police resources.

Read the whole thing.

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Lea Thrace
Lea Thrace

“such as testing for marijuana-impaired drivers”
which we do not do for those on prescribed opiods…

“locking people up for possessing or using marijuana is an utter waste of tax dollars and police resources”

And yet this is exactly what one Jeffrey Beauregard Sessions* would like for the federal government to double down on.

*I really like AG Sessions’ middle name so I take any chance to use it. Beauregard is my second favorite name. Right after Thibodeaux


So I’m correct in assuming Thibodeaux Beauregard Thrace will be able to roll mad blunts?




Back in 1970, putting weed on the Schedule I list was a hysteric over-reaction by the Nixon administration to hippies, anti-war protesters, and rocknroll as the wave of baby boomers arrived.
Getting re-scheduled will take much longer. As a non-lawyer I say this suit has zero chance of succeeding.


As for history, wasn’t Nixon also on the record about the racist intentions behind prosecuting marijuana and other drug laws (not that it wasn’t also about hippies)? As for lawsuits, there’s been a wide range of suits attacking the law, all to little avail, but I’m no expert. The right lawsuit with the right judges could win, and the administrative procedure approach taken with the above suit is potentially the most effective argument. Ignoring or preventing medical research, and ignoring state policy determinations = Arbitrary and capricious.

Dave Bearse
Dave Bearse

Consider how fast gay marriage went from opposition by a majority of Americans to acceptance and legality. (I’ve written it here before that I think Brokeback Mountain was a tipping point.)

Weed is presently at about the same place as gay marriage in the middle of the last decade.