Category: LITIGATION

Kansas: Wichita Voters Approve Municipal Initiative Reducing Marijuana Possession Penalties

Voters in Wichita Kansas approved a municipal measure yesterday that seeks to reduce first-time marijuana possession penalties within the city. Despite majority support for the measure, state Attorney General Derek Schmidt has called the language unlawful and has threatened to sue the city if the provision goes into effect.

Federal Judge Hears Closing Arguments In Constitutional Challenge To Cannabis’ Schedule I Status

Yesterday in Sacramento a federal judge heard closing arguments in a motion challenging the constitutionality of cannabis’ Schedule I classification. At issue is whether a rational basis exists for the government’s contention that cannabis is properly designated as a schedule I substance — defined as possessing a “high potential for abuse,” “no currently accepted medical use in treatment,” and “a lack of accepted safety … under medical supervision.”

US Surgeon General Acknowledges “Marijuana Can Be Helpful”

Newly appointed US Surgeon General Vivek Murthy believes that cannabis possesses therapeutic utility — an acknowledgment that contradicts the plant’s present placement as a Schedule I controlled substance under federal law. Speaking to CBS News, Murthy said: “We have some preliminary data showing that for certain medical conditions and symptoms that marijuana can be helpful.” He added, “I think we have to use that data to drive policy making and I’m very interested to see where that data takes us.”

A “Hail Mary” Pass by our Political Opponents

For those of us in the business of changing public policy, sometimes we judge our progress on what we have accomplished; and other times we judge our effectiveness by the desperate acts of our opponents. The federal law suit filed late last week by the states of Nebraska and Oklahoma, seeking a declaratory judgment from the U.S. Supreme Court holding Colorado’s legalization provisions to be unconstitutional, clearly falls in the latter category. This suit is more political theater than a serious legal challenge. These two conservative state attorneys general know […]

Federal District Court Judge Asks: Should Federal Law Classify Cannabis As One Of The Nation’s Most Dangerous Drugs?

Testimony regarding the constitutionality of the federal statute designating marijuana as a Schedule I Controlled Substance will be taken on Monday, October 27 in the United States District Court for the Eastern District of California in the case of United States v. Pickard, et. al., No. 2:11-CR-0449-KJM. This is the first time in recent memory that a federal judge has granted an evidentiary hearing on a motion challenging the statute which classifies cannabis to be one of the most dangerous illicit substances in the nation.