FACT: Marijuana is a recreational drug and does not meet
the criteria to be a controlled substance. Marijuana is safer to abuse than
alcohol.
“[W]e recognize that the constitutionality of a statute, valid on its face, may be assailed by proof of facts tending to show that the statute as applied to a particular article is without support in reason because the article, although within the prohibited class, is so different from others of the class as to be without the reason for the prohibition. “ United States v. Carolene Products Co., 304 U.S. 144, 153, 154 (1938).
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/Legal/ACT_1991
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.
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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. 58” NORML v. D.E.A. 559 F2d 735 at 748 (1977)
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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)
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TITLE 21 - FOOD AND DRUGS CHAPTER 13 -
DRUG ABUSE PREVENTION AND CONTROL
https://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
Go to page 18 of document.
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
Go to page 20 of Document
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.
Un Reasonable Seize Marijuana-------------- Our Rights Their Betrayal
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