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View Diary: Senate Judiciary chair Pat Leahy floats federal marijuana legalization (181 comments)

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  •  Another ray of hope (28+ / 0-)

    is the U.S. Court of Appeals for the D.C. Circuit -- "the federal appeals court that usually handles cases involving government regulations" -- has agreed to hear the issue of rescheduling. A snip from an excellent read:

    ASA [Americans for Safe Access], a California-based patient-advocacy group, is trying to get the Drug Enforcement Administration to move marijuana out of Schedule I, the Controlled Substances Act of 1970s category for drugs with “a high potential for abuse,” “no currently accepted medical use in treatment in the United States,” and no “accepted level of safety for use under medical supervision.” Heroin, LSD, and PCP are also in Schedule I. Cocaine, methamphetamine and OxyContin are in Schedule II, legal for medical use but strongly restricted.

    Two previous attempts to get the DEA to reschedule marijuana failed, but advocates believe there is enough new evidence to convince the courts. “There’s simply more science now,” says ASA chief counsel Joseph D. Elford. ....

    I looked for some follow-up with no success, but would love to know when this case will be heard.

    "Let each unique song be sung and the spell of differentiation be broken" - Winter Rabbit

    by cotterperson on Thu Dec 13, 2012 at 06:14:51 PM PST

    •  I believe that on Oct 15 the Circuit Court heard (9+ / 0-)

      Oral Arguments in that case.

      Results, of course, to be dispensed later, as late as spring.


      "I like paying taxes...with them, I buy Civilization" -- me

      by Angie in WA State on Thu Dec 13, 2012 at 06:42:20 PM PST

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      •  My read is that the best case scenario is that (10+ / 0-)

        the court finds that the DEA abused its discretion in not holding hearings on whether hemp should be reclassified given the new science, orders it to do so, and we plod along.

        But this only really cuts to the commercial growing and retailing of hemp. State legalization allowing personal grows can't be changed by the feds running to SCOTUS. The feds simply cannot force Colorado to bust people for growing their own under state law.

        Regardless of whether hemp remains on Schedule one, or whether the feds enjoin the state from allowing its commercial sale under Amendment 64, personal grows will now be an endemic part of Colorado, with a lot of sharing going on (also allowed by state law).

        “I’m able to fly, do what I want, essentially. I guess that’s what freedom is — no limits.” Marybeth Onyeukwu -- Brooklyn DREAMer.

        by chuco35 on Thu Dec 13, 2012 at 07:46:49 PM PST

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    •  Thanks for posting this news. n/t (0+ / 0-)

      Offer your heart some Joy every day of your life, and spread it along to others.

      by Truedelphi on Fri Dec 14, 2012 at 12:06:33 AM PST

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    •  oxy (3+ / 0-)
      Recommended by:
      Eikyu Saha, JesseCW, Amayi

      is "strongly restricted"?   Yeah, right.  At least one other promising sign is how people are waking up to the real dangerous drugs. Prescription drugs that kill lots of people.  No one is dying from marijuana.  No one.  Except all the casualties of the drug war.

      "Rockcastle County is averaging one drug-related death per week," said Nancy Hale, an anti-drug activist and educator. "When your county is a little over 16,000 people and you're losing a person a week ... you're losing a whole generation."

      "It's a terrible thing," said Sean Watkins, 17, a junior at Rockcastle County High. "Especially in our community, it's really bad."

      When he was 10, Watkins and his family were expecting his mother for dinner, but she never showed up. He and a family friend went looking for her at her home.
      They walked into her bedroom and saw her face down, motionless. The friend quickly whisked Watkins out of the room.

      "I don't know what was going on, but I knew something was wrong," said Watkins.

      His mother was dead after overdosing on Oxycontin.

      "I'll hold my nose and vote but I won't hold my nose and canvass or call or donate." Some Dkos Comment

      by onemadson on Fri Dec 14, 2012 at 05:45:28 AM PST

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    •  Schedule 5 is all that's remotely defensible. (2+ / 0-)
      Recommended by:
      emidesu, Pompatus
      The drug or other substance has a low potential for abuse relative to the drugs or other substances in schedule IV
      The drug or other substance has a currently accepted medical use in treatment in the United States
      Abuse of the drug or other substance may lead to limited physical dependence or psychological dependence relative to the drugs or other substances in schedule IV.

      This place needs a PVP server.

      by JesseCW on Fri Dec 14, 2012 at 07:14:48 AM PST

      [ Parent ]

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