It's a well intentioned lawsuit and should be won on the merits. However, it's not the silver bullet to de-scheduling. Meaning, IF the plaintiffs prevail in US District Court (it will likely drag out for years), the case will most likely be appealed to the US Court of Appeals. Ultimately, it will be appealed to, you guessed it, The Supreme Court of The United States (SCOTUS). So where does that leave it now? Right back to our political climate now - All Things Russia. The only fast track I can see for de-scheduling/re-scheduling MJ will be an act of Congress which compels the current administration to act. Unfortunately, basic governance of agencies within the government are disfunctional and being deliberately undermined.
So. who is the person actually responsible for de-scheduling controlled substances? If you believe it's Jeff Sessions you're barking up the wrong tree. The Administrator of Drug Enforcement appointed by the President of the United States and confirmed by the U.S. Senate, is responsible for the scheduling of all controlled substances.
Drug Enforcement Mandate:
"The Drug Enforcement Administration was established on July 1, 1973, by Reorganization Plan No. 2 of 1973, signed by President Richard Nixon on July 28. It proposed the creation of a single federal agency to enforce the federal drug laws as well as consolidate and coordinate the government's drug control activities. Congress accepted the proposal, as they were concerned with the growing availability of drugs. As a result, the Bureau of Narcotics and Dangerous Drugs (BNDD), the Office of Drug Abuse Law Enforcement (ODALE); approximately 600 Special Agents of the Bureau of Customs, Customs Agency Service, and other federal offices merged to create the DEA..." - FULL STOP
Furthermore, the head of Health and Human Services (HHS), the Commissioner of the Food and Drug Administration (FDA), and evaluations and recommendations from the National Institute on Drug Abuse (NIDA), all weigh into the process prior to any de-scheduling by the DEA Administrator. Yet another set of complicated hoops to jump through prior to an official act to de-scheduling drugs.
"Once the DEA has received the scientific and medical evaluation from HHS, the DEA Administrator evaluates all available data and makes a final decision whether to propose that a drug or other substance be controlled and into which schedule it should be placed..." - FULL STOP
Which brings us right back to Trump and the so called "Russia Ruse" taking all the oxygen out of the room. So while everyone is focused on Russia, whose the current DEA Administrator? Is He or She for or against MJ Legalization?
Under The Current Administration We May Never Know...
Dismayed by Trump, Head of Drug Enforcement Administration to Leave
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