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Feds attorney cited 1973 Schedule I status ruling



Assistant U.S. Attorney Samuel Dolinger argued that the case should be dismissed because “courts around the country have considered similar or identical claims and have rejected them.” Dolinger and Hellerstein spent a good deal of time discussing the case of U.S. v. Kiffer, which affirmed the drug’s Schedule I status.

“When they talk about Kiffer, a 1973 case… you really don't know the rest of the history,”Michael Hiller, lead counsel for plaintiffs in the case, told reporters after the hearing. He cited numerous developments since 1973, including the government’s Investigational New Drug program, Nixon’s Schafer Commission, the federal government’s very own cannabis patent, and the emergence of state-level marijuana programs.


“How can you say that? ... ‘There is no currently accepted medical use in the United States,’” Hellerstein asked. “Your argument doesn’t hold.”

“It could be recognized to have some medical use” if the laws change, Dolinger said.

At one point, Hellerstein also said to the five plaintiffs’ lawyer, Michael Hiller: “Your clients are living proof of the medical effectiveness of marijuana.”

“How could anyone say your clients’ lives have not been saved by marijuana?" Hellerstein also remarked. “You can’t.”

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“I couldn’t agree more, your honor,” Hiller replied.

Though Hellerstein didn’t doubt medical marijuana’s potential, he had reservations about whether the lawsuit could proceed on legal grounds.

Hellerstein said it wasn’t clear whether he had the power to rule on the dispute over pot’s place in the drug Schedule - or whether advocates needed to pursue changes through government agencies.

Hellerstein will issue a decision at a later date.

http://www.nydailynews.com/new-york/manhattan-federal-judge-declares-marijuana-saves-lives-article-1.3821123