Why is marijuana illegal?
Marijuana is illegal because Congress passed a law in 1970 that arbitraily classified marijuana as a schedule I controlled substance. Schedule I drugs are not safe to use under medical supervision therefore has no medicinal use. (see below)
The classification of marijuana is arbitray because marijuana does not meet the criteria to be a controlled substance. The federal government says marijuana does not have medicinal use and marijuana is safer to use then alcohol.
CONTROLLED SUBSTANCE ACT
TITLE 21 - FOOD AND DRUGS CHAPTER 13 -
DRUG ABUSE PREVENTION AND CONTROL
http://www.usdoj.gov/dea/pubs/csa.html
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
http://www.merriam-webster.com/dictionary/detrimental
Pernicious 1: highly injurious or destructive : deadly
Deadly1: likely to cause or capable of producing death
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The rules and regulation allow the Attorney General to remove any drug or other substance from the schedules if he finds that the drug or other substance does not meet the requirements for inclusion in any schedule.
===============2. A) Subject to Constitutional limitations of a party
21 USC Sec. 811 Authority and criteria for classification of substances
http://www.justice.gov/dea/pubs/csa.html
Title 21 sec.811 (a) Rules and regulation of Attorney General; hearing The Attorney General shall apply the provisions of this subchapter to the controlled substanceslisted in the schedules established by section 812 of this title and to any other drug or other substance added to such schedules under this subchapter. Except as provided in subsections 811 (d) and (e) of this section, the Attorney General may by rule
(1) (B) makes with respect to such drug or other substance the findings prescribed by subsection (b) of section 812 of this title for the schedule in which such drug is to be placed; or (2) remove any drug or other substance from the schedules if he finds that the drug or other substance does not meet the requirements for inclusion in any schedule.
812 (b) Placement on schedules; findings required Except where control is required by United States obligations under an international treaty, convention, or protocol, in effect on October 27, 1970, and except in the case of an immediate precursor, a drug or other substance may not be placed in any schedule unless the findings required for such schedule are made with respect to such drug or other substance.
Title 21 sec.811 (d) International treaties, conventions, and protocols requiring control; procedures respecting changes in drug schedules of Convention on Psychotropic Substances
(1) If control is required by United States obligations under international treaties, conventions, or protocols in effect on October 27, 1970, the Attorney General shall issue an order controlling such drug under the schedule he deems most appropriate to carry out such obligations, without regard to the findings required by subsection (a) of this section or section 812(b) of this title and without regard to the procedures prescribed by subsections (a) and (b) of this section.
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Title 21 sec.811 (d) is saying International treaties justifies the violation of my constitutional rights and ignore the criteria established to classify controlled substances.
Single Convention on Narcotic Drugs, 1961 http://www.unodc.org/pdf/convention_1961_en.pdf
Art. 36. Penal provisions
1 a. Subject to its constitutional limitations of a party…..
2. Subject to the constitutional limitations of a Party….
Convention on Psychotropic Substances 1971
http://www.incb.org/incb/convention_1971.html
Article 21 Action against the illicit Traffic
Having due regard to their constitutional, legal and administrative systems, the parties shall:Article 22 Penal Provisions
1. a) Subject to Constitutional limitations of a party
§ 812. Schedules of controlled substances
http://www.usdoj.gov/dea/pubs/csa/812.htm
By Definition, 21 U.S.C. -812(b)(1) (1988) Schedule I Controlled Substances include all drugs or substances which:
(A) have a high potential for abuse,
(B) have no currently accepted medical use in treatment in the United States, and
(C) have a lack of safety for use under medical supervision.
§ 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
(a) Unlawful acts; penalties
§ 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
Article 21 of the Treaty and 306 of the CSA 21usc 903
The classification of marijuana as a Schedule I controlled substance conflicts with the Constitution of the United States. The classification is only being utilized not for legitimate state purposes, but as an expedient to deprive citizens of valid federal rights to privacy, to property and to liberty secured from unreasonable government intrusion by the 4th and 5th Amendment.
1977
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).
1988
UNITED STATES DEPARTMENT OF JUSTICE
Drug Enforcement Administration
FRANCIS L. YOUNG, Administrative Law Judge
DATED: SEPTEMBER 6, 1988
http://www.medmjscience.org/Pages/reports/jyp1.html
Part 4 VIII. ACCEPTED SAFETY FOR USE UNDER MEDICAL SUPERVISION
p. 56-58
With 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.
1991
"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)
2006
On April 20, 2006 The U.S. Food and Drug Administration that smoked marijuana is harmful. Inter-Agency Advisory Regarding Claims That Smoked Marijuana Is a Medicine.
http://www.fda.gov/bbs/topics/NEWS/2006/NEW01362.html
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. “
UNITED STATES DEPARTMENT OF JUSTICE
Drug Enforcement Administration
FRANCIS L. YOUNG, Administrative Law Judge
DATED: SEPTEMBER 6, 1988
http://www.medmjscience.org/Pages/reports/jyp1.html
Part 4 VIII. ACCEPTED SAFETY FOR USE UNDER MEDICAL SUPERVISION
p. 56-58
With 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.
UNITED STATES DEPARTMENT OF JUSTICE
Drug Enforcement Administration
FRANCIS L. YOUNG, Administrative Law Judge
DATED: SEPTEMBER 6, 1988
http://www.medmjscience.org/Pages/reports/jyp1.html
Part 4 VIII. ACCEPTED SAFETY FOR USE UNDER MEDICAL SUPERVISION
p. 56-58
With 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.
============================
UNITED STATES DEPARTMENT OF JUSTICE
Drug Enforcement Administration
FRANCIS L. YOUNG, Administrative Law Judge
DATED: SEPTEMBER 6, 1988
http://www.medmjscience.org/Pages/reports/jyp1.html
Part 4 VIII. ACCEPTED SAFETY FOR USE UNDER MEDICAL SUPERVISION
p. 56-58
With 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.