Switch to ADA Accessible Website
Orlando Criminal Lawyer
call for a free
consultation

Federal Appeals Court Rules That Government Must “Promptly” Reassess Drug Crime Status of Marijuana

shutterstock_621176207

In late May, a federal appeals court reinstated a drug crimes case against the federal government concerning the Schedule I status of marijuana. Plaintiffs in the case argue that marijuana’s current Schedule I status under the Controlled Substances Act is placing patients’ health at risk and creating economic inequities. They also argue that the classification is unreasonable, as Schedule I is reserved for drugs that do not have any currently accepted medical use in the United States; are not considered safe for use on a medical supervision basis; and carry a significant potential for abuse. In other words, even as states are legalizing the recreational and medical use of marijuana, at the federal level, marijuana is in the same category as heroin and LSD, and is technically classified as being more dangerous than even Fentanyl and Oxycodone.

The Case

The case was originally dismissed because the court decided that other administrative channels– such as pushing for legislation in Congress—should have been tried first. However, it was then reinstated due to health concerns cited in two very specific cases amongst the plaintiffs, who argue that the current scheduling of marijuana is now posing serious life and death threats to their health. As a result of it being reopened, the Drug Enforcement Administration (DEA) has been informed that they need to act with “all deliberate speed” in terms of considering settling the case and reassessing the illegality of marijuana.

What About Related Products?

Meanwhile, the move to legalize (decriminalize) the use of related products—such as CBD products—is also moving forward, as a number of companies and other parties are currently pushing the Food and Drug Administration (FDA) to ease back on these rules. Some argue that the government legalizing and thus regulating these products would be in the best interest of public health, as a number of people who are now obtaining unregulated CBD products are, at times, being poisoned. While last year’s farm bill removed hemp and “derivatives” from the list of scheduled substances within the Controlled Substances Act, it maintained the FDA’s ability to regulate marijuana compounds. Still, the issue crosses a number of federal agencies, as the Department of Agriculture regulates hemp (along with the states, if they wish to) and the DEA issues registrations for growing marijuana used in research.

Contact Our Florida Criminal Defense Attorneys to Find Out More

If you are facing criminal charges as a result of a Schedule I substance such as marijuana, contact our experienced Orlando appeals attorneys at the Baez Law Firm today to find out how we can help. We work hard to encourage Florida courts to move forward in decriminalizing substances that have led to mass inequalities in our criminal justice system.

Resource:

forbes.com/sites/javierhasse/2019/05/31/federal-appeals-court-rules-dea-federal-govt-must-promptly-reassess-marijuanas-illegality/#38af27687be9

  • Facebook
  • Twitter
  • LinkedIn
Miami

Miami Office

1200 Brickell Avenue #620
Miami, FL 33131
Office: 305-999-5100
Fax: 305-999-5111
Orlando

Orlando Office

23 South Osceola Avenue
Orlando, FL 32801
Office: 407-705-2626
Fax: 407-705-2625

Email Us

Fields Marked * Are required

Captcha Image

DISCLAIMER: Completing and submitting this form or otherwise merely contacting The Baez Law Firm or any individual at the firm will not establish an attorney/client relationship. Our firm cannot represent you until we determine that there would be no conflict of interest and that we are otherwise able to accept representation of your case. Please do not send any information or documents until a formal attorney/client relationship has been established through an interview with an attorney and you have been given authorization in the form of an engagement letter with The Baez Law Firm. Any information or documents sent via this form or otherwise prior to your receipt of an engagement letter will not be treated as confidences, secrets, or protected information of any nature. Submitting information regarding your potential case will not bar The Baez Law Firm from representing or continuing to represent a person or entity whose interest are adverse to your in condition with your case.

DISCLAIMER: This website contains information about The Baez Law Firm that includes testimonial statements from persons who are familiar with the firm's services. The testimonials shown are not necessarily representative of every person's experience with us. Testimonials from every client are not provided. As no two situations or persons are identical, the facts and circumstances of your situation may differ from those for which testimonials are shown. This website also includes information about some of the past results that we have obtained for our clients. Not all results are provided, and the results shown are not necessarily representative of all results obtained by us. No two situation are exactly alike; every person's situation is unique and the outcome for each person depends on the individual facts.

The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.
MileMark Media - Practice Growth Solutions

© 2015 - 2019 Baez Law Firm. All rights reserved.
This law firm website is managed by MileMark Media.

Contact Form Tab Contact Form Tab