Medical Cannabis Clearly Saves Lives, Federal Judge Declares

“How can you say that?” Hellerstein asked. “You say ‘There is no currently accepted medical use in the United States,’” Hellerstein added. “Your argument doesn’t hold.”

The judge asked: “Have there been any studies?”

That elicited a collective laugh from the gallery, which was packed with medical cannabis supporters.

“Mr. Dolinger,” the judge later said, “your argument is not getting anywhere.”

The courtroom gallery broke out in laughter on more than one occasion in reaction to Hellerstein’s cutting remarks.

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The judge said that cannabis does not meet the criteria to be a Schedule 1 drug, because it does have medical use. Hellerstein pointed out that prescription drugs that have caused the “opioid scourge,” as he called it, are classified as Schedule II—in other words, considered less dangerous than cannabis.

Hellerstein discussed various aspects of the government’s scheduling classifications, and mentioned that sales and distribution of marijuana could still be considered criminal if it were classified as Schedule V, so there was no reason for it to be a Schedule I.

“We recognize that there are medical issues that can be treated with medical marijuana, such as pain,” the judge said.

The judge asked Dolinger if any federal agencies involved in the scheduling of cannabis have a fast track for people whose lives are at stake without access to medical marijuana. Dolinger admitted that such a track does not exist.

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Bortell is a 12-year-old Texas girl who moved to Colorado in order to receive medical cannabis to treat her epileptic seizures. Her fellow plaintiff, 7-year-old Jagger Cotte, uses medical cannabis to control Leigh’s Disease, which is often fatal. Since beginning his cannabis regimen, the lawsuit contends, Cotte “has stopped screaming in pain, has been able to interact with his parents, and has prolonged his life by more than two years.”

The judge asked: “When basic human life is at stake, what would happen if there is no response from an agency?”

Dolinger, the government attorney, responded: “Such decisions do not come.” The administrative review and petition process, he said, is too lengthy in life-threatening situations.

Addressing Dolinger, the government attorney, Judge Hellerstein said, “You can’t argue there is no medical uses. How can you say that?”

“It’s saved a life,” the judge said, speaking of Alexis Bortell. “She has no more epileptic seizures. If there is an accepted medical use your argument doesn’t hold.”

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Though Hellerstein seemed sympathetic to the plaintiffs’ cause today, he also expressed reservations about the lawsuit’s legal grounds. It’s not clear, he said, whether he has the power to rule on the place of cannabis on the federal government’s drug schedule.

A decision from Hellerstein regarding the government’s motion to dismiss the case is expected within the next few days.

Plaintiff Jose Belen emerged from the courthouse feeling vindicated.

“Irregardless of the ruling, in my eyes we won today,” he said. “The sheer fact that we were given the attention we received, it was a win. We are now one step closer to hope and victory.” No matter how Judge Hellerstein rules on today’s motion, Belen and his fellow plaintiffs vow to continue their legal fight. The matter will likely be appealed to the U.S. Court of Appeals for the Second Circuit, then the U.S. Supreme Court.

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shagg said:

In a challenge to Marijuana's federal schedule 1 status, a New York lawsuit seems both promising and logical.

Though Hellerstein seemed sympathetic to the plaintiffs’ cause today, he also expressed reservations about the lawsuit’s legal grounds. It’s not clear, he said, whether he has the power to rule on the place of cannabis on the federal government’s drug schedule.

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https://www.leafly.com/news/politic...al&utm_source=twitter.com&utm_campaign=buffer


Great news, and I still would expect a fair and logical decision from the slightly right leaning SCOTUS of today. This is an argument I've agreed with for a long time but never presented as well as this legal team. And if the Federal Government still refuses to budge on the issue after a court with proper authority has ruled on it, it will further expose the fact that this unjustified prohibition is based on politics, not science.

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shagg said:

In a challenge to Marijuana's federal schedule 1 status, a New York lawsuit seems both promising and logical.

https://www.leafly.com/news/politic...al&utm_source=twitter.com&utm_campaign=buffer









Great news, and I still would expect a fair and logical decision from the slightly right leaning SCOTUS of today. This is an argument I've agreed with for a long time but never presented as well as this legal team. And if the Federal Government still refuses to budge on the issue after a court with proper authority has ruled on it, it will further expose the fact that this unjustified prohibition is based on politics, not science.

Click to expand...