The ruling will be appealed by the plaintiffs – a group that includes a young epileptic girl and former NFL players.
Hellerstein‘s ruling read as follows:
“Although plaintiffs couch their claim in constitutional language, they seek the same relief as would be available in an administrative forum – a change in marijuana’s scheduling classification – based on the same factors that guide the (Drug Enforcement Administration’s) reclassification determination.”
The judge emphasized the fact that the ruling was an administrative measure, and should not be taken as support towards the notion of that marijuana should remain classified a Schedule I drug:
“This decision should not be understood as a factual finding that marijuana lacks any medical use … the authority to make that determination is vested in the administrative process,” he wrote.
He also denied the plaintiffs‘ claim of that using marijuana is a fundamental right of theirs.
“No such fundamental right exists,” he wrote.
“Every court to consider the specific, carefully framed right at issue here has held that there is no substantive due process right to use medical marijuana.”