The marijuana advocacy group Americans for Safe Access went to court, arguing that federal officials had a duty to reexamine the medical evidence and reclassify marijuana as a drug that has clear benefits as a pain medication.
"To establish accepted medical use, the effectiveness of a drug must be established in well-controlled, well-designed, well-conducted and well-documented scientific studies [with] a large number of patients. To date, such studies have not been performed," the DEA said in defense of its decision. The passage was quoted in Tuesday's opinion.
Judge Harry Edwards, writing for the Court of Appeals for the District of Columbia, said the judges did not dispute that "marijuana could have some medical benefits." Instead, he said, they were not willing to overrule the DEA because they had not seen large "well-controlled studies" that proved the medical value of marijuana.
The pro-pot group wants to take their case to the Supreme Court to ask the federal government to reconsider federal law that makes possession of marijuana a crime at the federal level, but legal for recreational use in Washington and Colorado.
The DEA stands by its remarks in the Federal Register, concluding that there is no substantial evidence that marijuana should be removed from schedule I in the Controlled Substances Act. The administration said that marijuana continues to meet the criteria for schedule I control under the CSA because:
(1) Marijuana has a high potential for abuse.
(2) Marijuana has no currently accepted medical use in treatment in the United States.
(3) Marijuana lacks accepted safety for use under medical supervision.
“CADCA is pleased that the U.S. Appeals Court refused to overrule the Drug Enforcement Administration’s (DEA) classification of marijuana as a dangerous drug with no accepted medical uses,” said CADCA’s Chairman and CEO General Arthur T. Dean. “Stances like this give our coalitions a ‘call to arms.’ Don’t think what happened in Colorado and Washington is an excuse to give up. The power of coalitions has made a difference in their communities with other drugs and alcohol. We know that they will continue to push back against marijuana to keep their communities safe, healthy and drug-free.”
Cast your vote to keep federal restrictions on marijuana athttp://usnews.nbcnews.com/_news/2013/01/22/16646527-marijuana-restrictions-appeals-court-backs-dea-rejects-pot-advocates-argument?lite.