Why is marijuana illegal?
Why is marijuana classsified as a schedule I drug?
The government will say marijuana has no mediciinal use. The lack of safety of use determines if a drug has medicinal use. There are three criteria that classifies drugs into five schedules. § 812. Schedules of controlled substances
http://www.usdoj.gov/dea/pubs/csa/812.htm
1. Potenial for abuse.
2. Medicinal Use.
3. Safety of use.
It is a well known fact that marijuana is safer to abuse than alcohol. No one has died from marijuana poisoning.
“The police power may be exerted … to invade rights … when such legislation bears a real and substantial relation to the public health [and] safety.” Liggett Co. v. Baldridge, 278 U.S. 105, 111,112; 49 S.Ct.57, 59 (1928).
“[P]public interest demands that all dangerous conditions be prevented or abated.” Camara v. Municipal Court, 387 U.S. 523, 537 (1967).
The national case law has defined the “Controlled Substance Act” as “a comprehensive regulatory measure that divides the universe of hazardous drugs into five different categories of substances (so called schedules), which determine the severity of restrictions on doctors’ and patients’ access to controlled drugs.” And “ Schedule I drugs are subject to the most severe controls; they are deemed the most dangerous substances, possessing no redeeming value as a medicines”. Alliance for Cannabis Therapeutics v DEA, 930 F2d 936, at 937. (D.C. Cir. 1991)
The “placement in schedule I does not appear to flow inevitably from the lack of a currently accepted medical use.” “The legislative history of the CSA indicates that medical use is but one factor to be considered and by no means the most important one.” NORML v. D.E.A. 559 F2d 735 at 748 (1977).
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TITLE 21 - FOOD AND DRUGS
CHAPTER 13 - DRUG ABUSE PREVENTION AND CONTROL
http://www.usdoj.gov/dea/pubs/csa.html
Table of Contents
Title 21 § 801(2) Congressional findings and declarations: controlled substances http://www.usdoj.gov/dea/pubs/csa/801.htm(2) The illegal importation, manufacture, distribution, and possession and improper use of controlled substances have a substantial and detrimental effect on the health and general welfare of the American people.
Detrimental: obviously harmful : damaging synonyms see pernicious
Pernicious1:highly injurious or destructive :deadly
Deadly 1: likely to cause or capable of producing death <deadlypoison>===================================
1988UNITED STATES DEPARTMENT OF JUSTICE
Drug Enforcement Administration
FRANCIS L. YOUNG, Administrative Law Judge
DATED: SEPTEMBER 6, 1988
http://www.medmjscience.org/Pages/reports/jyp1.htmlPart 4 VIII. ACCEPTED SAFETY FOR USE UNDER MEDICAL SUPERVISION
p. 56-58With respect to whether or not there is "a lack of accepted safety for use of [marijuana] under medical supervision", the record shows the following facts to be uncontroverted.
Findings of Fact 3. The most obvious concern when dealing with drug safety is the possibility of lethal effects. Can the drug cause death?
4. Nearly all medicines have toxic, potentially lethal effects. But marijuana is not such a substance. There is no record in the extensive medical literature describing a proven, documented cannabis-induced fatality.
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U.S. Food and Drug Administration
Press Release
On April 20, 2006 The U.S. Food and Drug Administration that smoked marijuana is harmful. http://www.fda.gov/bbs/topics/NEWS/2006/NEW01362.html
Inter-Agency Advisory Regarding Claims That Smoked Marijuana Is a Medicine
Marijuana is listed in schedule I of the Controlled Substances Act (CSA), the most restrictive schedule.
The Drug Enforcement Administration (DEA), which administers the CSA, continues to support that placement and FDA concurred because marijuana met the three criteria for placement in Schedule I under 21 U.S.C. 812(b)(1) (e.g., marijuana has a high potential for abuse, has no currently accepted medical use in treatment in the United States, and has a lack of accepted safety for use under medical supervision). Furthermore, there is currently sound evidence that smoked marijuana is harmful. "
Definitions. http://www.m-w.com/
Harmful, of a kind likely to be damaging, injurious inflicting or tending to inflict injury:
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§ 812. Schedules of controlled substances
http://www.usdoj.gov/dea/pubs/csa/812.htm
§ 841. Prohibited acts A
http://www.usdoj.gov/dea/pubs/csa/841.htm
§ 844. Penalties for simple possession
http://www.usdoj.gov/dea/pubs/csa/844.htm
§ 844a. Civil penalty for possession of small amounts of certain controlled substances http://www.law.cornell.edu/uscode/html/uscode21/usc_sec_21_00000844---a000-.html
a) In general Any individual who knowingly possesses a controlled substance that is listed in section 841(b)(1)(A) of this title in violation of section regulation of the Attorney General, is a personal use amount shall be liable to the United States for a civil penalty in an amount not to exceed $10,000 for each such violation.
http://www.usdoj.gov/dea/pubs/csa/841.htm#b