Tuesday, January 22, 2013

Circuit Court Nixes Rescheduling of Marijuana

Breaking news from Reason magazine: A U.S. Court of Appeals has ruled in favor of the Drug Enforcement Administration's decision to keep marijuana a schedule 1 drug- schedule 1 drugs being those that are highly addictive with no accepted medicinal value.

As I read it, this doesn't seem to be as bad as it sounds. I could be wrong and haven't read the brief that's included with the article. If I'm correct, the court just said the DEA can continue to use their own criteria in defining what studies are acceptable to them as evidence of marijuana being a relatively benign drug.

On the downside- again, assuming I'm reading this right- the courts basically deferred to the DEA and let them set their own criteria for making judgments on drug classification. It could be argued it is in their best interest to keep as many drugs classified schedule 1 as possible.

It should be troubling to all that a government agency seems to be given carte blanche for legal authority over decisions they have a vested interest in. That authority would be better vested in the courts or congress rather than the agency that benefits from the decision. This is akin to allowing local police departments authority to set and enforce speed limits with no oversight from the city council or other government entities.

This probably isn't the last word on marijuana rescheduling, but it probably gives us an idea of what's to come.


3 Comments:

At 12:27 PM, Anonymous john hardin said...

Prohibition is violence.
That's what you get for your consent to be governed.

 
At 2:17 PM, Blogger Stephen said...

The government has zero right to interfere with States rights protected under the Constitution. Where in the Constitution did the Founding Fathers outlaw marijuana?

 
At 7:23 PM, Anonymous Anonymous said...

"Henchman of Justice" says,

Public Agencies, their policies, standards, regulations, etc... is the latest "sick twist" that government uses to invoke a "police state" so as to rackateer from the public employment position to go after and attack anyone who wont bend over and take it up the poop shoot.

Punitive damages by statute in many states prohibit the payouts by government as tortfeasors, unless it (misconduct) is as a result of public policy. Obligations from pubic policy is an exception to the rule and punitive damages apply. Contracts, on the other hand, is the fraud that government uses to avoid punitive damages. It is all about how to finangle people to be economic slaves, paying for their own abuses rather than the government and taxpayers paying for the injuries that lead to damages. This country, its politics and leadership are a joke, and as ashamed as HOJ is to say it, hopefully, government employees get hammered, lose their jobs and the whole shit house goes under! - HOJ

 

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