June 19, 2016 Update: DEA Lawyer Says Cannabis (Marijuana) Will Be Re-Classified to Schedule II
During a case regarding an informant for the DEA, a DEA lawyer told the informant’s lawyer of the Federal Government’s decision. The lawyer also reiterated himself to the Santa Monica Observer by saying, “Whatever the law may be in California, Arizona or Utah or any other State, because of Federal preemption this will have the effect of making THC products legal with a prescription, in all 50 states,” the DEA attorney told the Observer. Federal Preemption is a legal doctrine that where the US Government regulates a particular field, State and local laws are overridden and of no effect.”
There is conflicting information of when the Federal re-classification of Marijuana to Schedule II will take place but the two dates being reported is July 1 or August 1, 2016. Other drugs that Cannabis will join in Schedule II are Abilify, Adderall, Oxycontin, Xanax and Percocet.
This makes it, as it should be, a State’s Issue. A state will not be forced to provide patients with safe access to Medical Cannabis. However, this will change the ability to fly and travel with Marijuana.
Cannabis needs to be re-classified or de-classified by the United States government, so that, each state can decide what is better for them, in regards to Medical and Recreational Marijuana legalization.
US Senate Bill S.683 named Compassionate Access, Research Expansion, and Respect States Act of 2105 or CARERS of 2105 was introduced by New Jersey Senator Cory Booker on March 10, 2015. This bill is meant “To extend the principle of federalism to State drug policy, provide access to Medical Marijuana (Medical Cannabis), and enable research into the medicinal properties of Marijuana (Cannabis).” It re-classifies Marijuana (Cannabis) from Schedule 1 to a Schedule 2 drug. The important difference in classifications is “The drug or other substance has a currently accepted medical use in treatment in the United States or a currently accepted medical use with severe restrictions.”
The bill has not been granted a hearing for debate by two US Senators. Senators Chuck Grassley and Diane Feinstein, one Republican and one Democrat - let’s just forget about political parties.
Instead of listening to a litany of constituents about holding this important meeting, Senator Grassley said “In August 2013, the Obama Administration decided to effectively suspend enforcement of federal law on Marijuana in states that legalized it for recreational use. But to disguise its policy as prosecutorial discretion, the Administration also announced federal priorities that it claimed would guide its enforcement going forward. These priorities include preventing Marijuana from being distributed to minors, stopping the diversion of Marijuana into states that haven’t legalized it, and preventing adverse public health effects from marijuana use. At the time, the Justice Department warned that if state efforts weren’t enough to protect the public, then the federal government might step up its enforcement or even challenge the state laws themselves. This put the responsibility on the Department of Justice to monitor developments in these states, develop metrics to evaluate the effectiveness of its policy, and change course if developments warranted.”
These two Cannabis Prohibitionists (Sen. Grassley is Chairman of the Judiciary Committee and the Caucus on International Narcotics Control , and Sen. Diane Feinstein is Co-chairman of the Caucus on International Narcotics Control) will be holding a hearing this coming week (April 4 - 8, 2016) entitled, “Is the Department of Justice Adequately Protecting the Public from the Impact of State Recreational Marijuana Legalization?”
Their agenda for this little get together is to roll out four more prohibitionists and let them “debate” among themselves how bad Marijuana (Cannabis) is for the American people.
The Anti-Cannabis Message Presenters are:
- Benjamin B. Wagner, U.S. Attorney of the Eastern District of California, Sacramento, California
- Jennifer Grover, Director, Homeland Security and Justice, U.S. Government Accountability Office, Washington, D.C.
- Doug Peterson, Attorney General for the State of Nebraska, Lincoln, Nebraska
- Dr. Kathryn Wells, Medical Director, Denver Health Clinic at the Family Crisis Center, Denver, Colorado
All the while, Senator Grassley is all upset about how the Obama Administration is too slow on certain Anti-Opioid measures.
Legalization of Cannabis Should Be Left to Each Individual State
The legalization of Marijuana should be a states issue. The Federal government needs to re-classify Cannabis to Schedule II, thus enabling the states, each to their own, to decide on the issue, both medicinally and recreationally.
This same argument applies to pretty much every issue we, as a country, differ on; abortion, medicinal and recreational legalization of drugs, prostitution, gay marriage and on and on! IT IS ALWAYS A STATE’S ISSUE!!!
April 10 Update: Senator Ted Cruz while in Colorado stated, “the legalization of recreational marijuana is a matter that we should leave to the states,” adding that he hasn’t made up his mind about expanding banking services to marijuana businesses.
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