Nationwide US cannabis legalization lawsuit movement scores an L

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(FinancialPress) — The first legal battle held by the lawsuit levvied against the federal government, launched by cannabis legalization advocates, finds the plaintiffs on the losing side.
Judge Alvin Hellerstein, who officiates for the U.S. District Court in the Southern District of New York, ruled that the plantiffs “failed to exhaust all administrative remedies“ to settle their request, and therefore granted the motion to dismiss filed by the U.S. Justice Department.
The suit argues for the unconstitutionality of the 1970 Controlled Substances Act, and requested that marijuana be reclassified from the schedule of controlled narcotics.
Had the suit been successful, marijuana would have been immediately legalized country-wide.

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.”


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Ruben is a South American writer who focuses on the state of the cryptocurrency, cannabis and tech industries worldwide.

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