FACT: Marijuana is a recreational drug and does not meet
the criteria to be a controlled substance. Marijuana is safer to abuse than alcohol.

 

American for Safe Access v D.E.A. 2013
http://americansforsafeaccess.org/downloads/DC_Circuit_Ruling_ASA_v_DEA.pdf


High Times Magazine v. D.E.A. 2002
http://caselaw.findlaw.com/us-dc-circuit/1302691.html

Holder: Marijuana's effect on children a factor. April 18, 2013 before Congress

http://news.yahoo.com/holder-marijuanas-effect-children-factor-195708801--politics.html

 

National Org. for the Reform of Marijuana Laws v. Ingersoll, 497 F.2d 654 (D.C.Cir.1974); 

National Org. for the Reform of Marijuana Laws v. Drug Enforcement Admin., 559 F.2d 735 (D.C.Cir.1977).

 
 
 
=========================================

 

In 1931 the Louisiana Supreme court declared:

 

The “marijuana plant is a plant possessing properties deleterious to health and dangerous to the public safety and morals”. The court concluded that whiskey and wine were less injurious than marijuana. State v Bonoa 172 LA. 955-963, (1931)

 

No one has died from marijuana poisoning therefore it can not be determined to be dangerous.

 

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). http://iowamedicalmarijuana.org/documents/act1.aspx

 

 

SAFETY OF USE

 

UNITED STATES DEPARTMENT OF JUSTICE
Drug Enforcement Administration

In the matter of
Marijuana Rescheduling Petition
Docket No. 86-22
FRANCIS L. YOUNG, Administrative Law Judge
DATED: SEPTEMBER 6, 1988

 http://www.druglibrary.org/olsen/medical/young/young.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.

 

======================

 

Press Release
On April 20, 2006 The U.S. Food and Drug Administration claimed that smoked marijuana is harmful. http://www.fda.gov/NewsEvents/Newsroom/PressAnnouncements/2006/ucm108643.htm

 

 

SMOKED MARIJUANA HARMFUL
U.S. Food and Drug Administration

 

 

 

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. "

 

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)
 

 

Go to footnote note 58 to find quote. It refers to potential for abuse but safety of use determines medicinal use. Potential for abuse is high because marijuana is safe to use without medical supervision. Schedule I and II both have high potential for abuse so it can not be a deciding factor for medicinal use. http://www.law.cornell.edu/uscode/text/21/812 Only schedule I has a lack of safety of use and no medicinal use.
 

======================

 

CONTROLLED SUBSTANCE ACT

 

 

 

The Controlled Substance Act is to control dangerous drugs. There are two government documents saying marijuana is not dangerous as well common knowledge  no one has died from smoking pot.

 

Marijuana is arbitrarily classified as a controlled substance. Marijuana does not meet all three criteria. Marijuana is safe to use without medical supervision. A lawsuit should be filed to have marijuana not rescheduled but remove it from the Controlled Substance Act becauae it is arbitrary and capricious.

 

The Attorney General of the United States has had the authority to add or remove any drug that does not meet all three critria. But congress has made it so the AG can not do this because of an obligation to a United Nations Single Convention on Narcotics 1961. This U.N. Convention allows constitutional limitation. ( see below)

 

The DEA describes the Drug Schedules as only having only two criteria.
http://www.justice.gov/dea/druginfo/ds.shtml

The DEA description of the five schedules does not represent the law as it is written.
http://www.deadiversion.usdoj.gov/21cfr/21usc/index.html

 

 

 =========================

 

TITLE 21 - FOOD AND DRUGS CHAPTER 13 -
DRUG ABUSE PREVENTION AND CONTROL
http://www.deadiversion.usdoj.gov/21cfr/21usc/index.html

 

 

21 USC § 801(2) Congressional findings and declarations:
http://www.deadiversion.usdoj.gov/21cfr/21usc/801.htm

 

21 USC § 811 Authority and criteria for classification of substances (a) Rules and regulation of Attorney General; hearing
http://www.deadiversion.usdoj.gov/21cfr/21usc/811.htm

 

Attorney General shall apply the provisions of this subchapter to the controlled substances listed 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 prescribe 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.

 

(b) Evaluation of drugs and other substances

 

(c) Factors determinative of control or removal from schedules

 

(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.

 

(e) Immediate precursors

 

21 USC §§ 812. Schedules of controlled substances http://www.deadiversion.usdoj.gov/21cfr/21usc/812.htm

 

(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. The findings required for each of the schedules are as follows:

(1) Schedule I.—
(A) The drug or other substance has a high potential for abuse.
(B) The drug or other substance has
no currently accepted medical use in treatment in the United States.
(C) There is a
lack of accepted safety for use of the drug or other substance under medical supervision.

 

 

UNITED NATIONS CONVENTIONS
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…..

2. Subject to the constitutional limitations of a Party….

 

Convention on Psychotropic Substances 1971
http://www.unodc.org/pdf/convention_1971_en.pdf

 

Article 21 Action against the illicit Traffic
Having due regard to their constitutional, legal and administrative systems, the parties shall:
Article 22 Penal Provisions
a) Subject to Constitutional limitations of a party ……

 

Marijuana laws must be declared to be unnreasonable and marijuana is constitutionality protected to be in compliance wih United Nations Conventions on Narcotics.

 

January 27, 2013

 

"Court rejects bid to have marijuana reclassified" (google quote) or
Story
http://www.greenwichtime.com/news/politics/article/Court-rejects-bid-to-have-marijuana-reclassified-4213582.php

 

Decision http://americansforsafeaccess.org/downloads/DC_Circuit_Ruling_ASA_v_DEA.pdf

 

I suggested to Joe Elford, chief Council for American for Safe Access to start over in federal court. I would like to know why he does not understand that criminal laws are a fundamental rights issue?

The question that is not presented in a court of law is whether the federal proscription of marijuana is unreasonable and unnecessary use of police power contravening the Fourth and Fifth Amendments of the Constitution of the United States?

 

The question to be answered is whether marijuana is arbitrarily classified as a controlled substance contravening due process of law? It is safety of use, the third criteria that determines medicinal use, which Frederic J Frommer of the Associated press deliberately did not mention. Marijuana is safe to use without medical supervision. The issue is not rescheduling marijuana. It’s about removing marijuana as a controlled substance.

 

The definition of dangerous goes from harmful to deleterious. In its report the DEA, The FDA declared marijuana to be harmful not dangerous.

 

The Controlled Substance Act says marijuana must remain a schedule I drug to comply with a United Nations Convention on narcotic drugs even if it does not meet the criteria to be controlled substance.

The question for a court of law is whether criminalizing marijuana to up hold a United Nation’s treaty contravenes the Fourth and Fifth Amendments of the Constitution of the United States?

 

Whether the CRIMINALIZATION, the proscription, of marijuana is arbitrary, unjustified, unreasonable, unnecessary police regulation of fundamental rights to liberty, to property and to privacy and contravenes the 4th, 5th Amendments, the Necessary and Proper clause Article I Section 8 paragraph 18 and is unconstitutional?

 

Lawyers are still filing law suits to reschedule marijuana claiming marijuana has medicial use and ignore the fact that safety of use determines medicinal use. United States Court Appeals ( DC Circuit) No.11-1265 http://americansforsafeaccess.org/downloads/ASA_v_DEA_Supp_Briefing_Order.pdf

 

The lawyers have also ignored the harm, the theatened and actual injury to fundamental rights to liberty, to property and privacy by criminalizing marijuana that would give a person standing for relief. Criminalizing marijuana presents a justiciable controversy. A fundamental rights case that requires the government to show a threat to public safety, a victim of the crime, to use police power to deprive rights to liberty, to privacy and to property.

 

Claiming that denial of marijuana would cause medical harm to a person does not qualify as standing.

The following petition was mailed April 16, 2013.No response.

 

 

 



Attorney General Eric Holder
U.S. Department of Justice
950 Pennsylvania Avenue, NW
Washington, DC 20530-0001

PETITION TO REMOVE MARIJUANA AS A FEDERAL CONTROLLED SUBSTANCE

The classification of this property, known as cannabis or marijuana as a federal controlled substance, is arbitrary, capricious, unreasonable and unnecessary because marijuana does not meet all three requirements to be in any of the five schedules, contravening due process of law of Amendment V of the Constitution of the United States.

The federal government claims marijuana has no medicinal use, this automatically excludes schedules II - V . The law says schedule I drugs have no medicinal use because of a lack of safety of use under medical supervisions. (1) 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).

D.C. federal court declared “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 U.S. Food and Drug Administration Press Release on April 20, 2006 stated that “smoked marijuana is harmful.” (2) Smoking marijuana maybe harmful but it is not dangerous. Unlike alcohol, the abuse of marijuana is not life threatening.

Francis L. Young, DEA Administrative Law Judge Docket No. 86-22 declared “The most obvious concern when dealing with drug safety is the possibility of lethal effects. Can the drug cause death?” “There is no record in the extensive medical literature describing a proven, documented cannabis-induced fatality.”(3)

Compared to alcohol, marijuana doesn’t have “a substantial and detrimental effect on the health and general welfare of the American people.” 21 USC § 801(2).

Not meeting the requirements to be a controlled substance, by law the Attorney General of the United States has the authority, the duty, to remove marijuana as a controlled substance and still be in compliance with United Nations treaties (4) and convention obligation. (5).Because of “constitutional limitation” (5) of Amendments IV and V of the Constitution of the United States, you Mr. Eric Holder, as the U.S. Attorney General, have the authority (4) to remove marijuana as a controlled substance because it is arbitrary and doesn’t meet all three requirements stated by law to be a controlled substance.(1) Marijuana has no medicinal use and marijuana is safe to use without medical supervision.

Respectfully Submitted,

Michael J. Dee

Foot notes.
(1)

TITLE 21 - FOOD AND DRUGS
CHAPTER 13 - DRUG ABUSE PREVENTION AND CONTROL
http://www.deadiversion.usdoj.gov/21cfr/21usc/812.htm of controlled substances
(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. The findings required for each of the schedules are as follows:

(1) Schedule I.—
(A) The drug or other substance has a high potential for abuse.
(B) The drug or other substance has no currently accepted medical use in treatment in the United States.
(C) There is a lack of accepted safety for use of the drug or other substance under medical supervision.

 

(2)
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

Schedules
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. "

(3)
UNITED STATES DEPARTMENT OF JUSTICE
Drug Enforcement Administration
In the matter of
Marijuana Rescheduling Petition
Docket No. 86-22
FRANCIS L. YOUNG, Administrative Law Judge
DATED: SEPTEMBER 6, 1988
http://www.druglibrary.org/olsen/medical/young/young.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.

(4)
TITLE 21 - FOOD AND DRUGS
CHAPTER 13 - DRUG ABUSE PREVENTION AND CONTROL

http://www.deadiversion.usdoj.gov/21cfr/21usc/811.htm
21 USC § 811 Authority and criteria for classification of substances
(a) Rules and regulation of Attorney General; hearing
The Attorney General shall apply the provisions of this subchapter to the controlled substances listed 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

(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.

(d)(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.

(5)
UNITED NATIONS' CONVENTIONS

Single Convention on Narcotic Drugs, 1961
http://www.unodc.org/pdf/convention_1961_en.pdf

Article 36. Penal provisions
1 a) Subject to its constitutional limitations…..
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
a) Subject to Constitutional limitations of a party ……

Un Reasonable Seize Marijuana-------------- Our Rights Their Betrayal
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