US Supreme Court Refuses To Review DEA’s Denial Of Petition That Sought To Reclassify Cannabis

from norml


Paul Armentano, NORML Deputy DirectorOctober 8, 2013

United States Supreme Court yesterday declined to review a lower court ruling upholding the federal government’s classification of cannabis as a Schedule I prohibited substance that lacks medical utility or adequate safety.

In January, the US Court of Appeals for the District of Columbia ruled that the US Drug Enforcement Administration had acted properly when it rejected an administrative petition calling for a scientific review of marijuana’s safety and therapeutic efficacy. Petitioners had requested a hearing to determine whether existing science contradicts the federal categorization of cannabis as a Schedule I controlled substance that possesses “a high potential for abuse;” “no currently accepted medical use in treatment;” and “a lack of accepted safety for the use of the drug … under medical supervision.” The DC Court of Appeals affirmed the DEA’s position that insufficient clinical studies exist to warrant a judicial review of cannabis’ federally prohibited status. On Monday, the US Supreme Court denied an appeal to review that decision, rejecting petitioners’ argument that adequate peer-reviewed studies already exist to sufficiently contradict the plant’s placement in Schedule I – the same classification as heroin and PCP.

The DEA’s stance willfully ignores volumes of scientific studies. For example, a 2012 review of FDA-approved clinical trials assessing the safety and therapeutic efficacy of cannabis, published in The Open Neurology Journal, concluded: “Based on evidence currently available the Schedule I classification [of marijuana] is not tenable; it is not accurate that cannabis has no medical value, or that information on safety is lacking.”

The case is Americans for Safe Access et al. v. Drug Enforcement Administration, case number 13-84, in the United State’s Supreme Court.