Bad Day for Medical Liberty: US Supreme Court Denies Cannabis Rescheduling

© freshidea - Fotolia.com

© freshidea – Fotolia.com

Depressingly, the first thing the US Supreme Court did on its first Monday was to deny reconsideration of cannabis scheduling.

By refusing to appeal a lower ruling, the court locks in Schedule I (highly dangerous, no medical value) by allowing the DEA to make that decision. Read the gory details at StopTheDrugWar.org. This come out on the same day that Supreme Court Justice Antonin Scalia admits that he fully believes in the devil. His mindset would better fit Spain during the Inquisition than the USA in the 21st century. Yet we are stuck with his rulings.

There seems little chance now that the draconian Schedule I felonizing of cannabis will change, probably for decades to come. After all, it was just over 25 years that DEA law judge Francis L. Young told the truth about marijuana, including the fact that in no way should it be Schedule I. Yet a quarter century later, it still is. During these 25 years 20 million Americans have been unjustly arrested under these cruel laws.

With Schedule I intact,  the DEA and US Attorneys can continue to  jail Americans for decades along with seizing their property for the benefit of the agencies. States may legalize cannabis for medical or personal use all they want but as long as possession of any marijuana by anybody remains a stiff federal offense, the medical potential of cannabis will be blunted. The DEA and NIDA will still have control over research using cannabis, meaning they can continue to block nearly all medical marijuana research in the USA. This is probably the most cruel result.

It will also stifle and delay hemp production and use the USA.

For no good reason, tens of millions of Americans will have to continue to fear their government.

Who now is going to down-schedule or de-schedule  cannabis out of the hands of the DEA?

  • Certainly not the DEA itself. The felonization of cannabis is worth billions to the agency every year, no way they would consider changing it.

  • Barack Obama is highly unlikely to consider this desperately needed change; his presidency has been marked by increasing attacks on medical marijuana dispensaries and he has rejected any change of scheduling.

  • Even after 2016, it is unlikely the new president would make any change. Hillary Clinton has echoed Obama’s hard line. Joe Biden is one of the worst of the drug war criminals, enthusiastically creating the Drug Czar office and supporting harsh and authoritarian programs and policies his entire career. Although some libertarian republicans support ending drug prohibition and defunding the DEA, most republicans are staunch authoritarians who fully cheer and fund the war on drugs.

  • These leaves its to congress to change the scheduling.  Big hope there, huh?  Even if congress was not dysfunctional,  many congresspersons are former prosecutors, drug-war beneficiaries like Senator Jeff  “I love the DEA” Sessions, of the Judiciary Committee. Powerful house dinosaurs like Texas republican Arlen Smith headed off any reduction of federal persecution of medical cannabis in states where legal.

Future Americans will look back at us an wonder how we could have kept such dishonest and cruel laws so long.

Copyright © Don Fitch, 2013

 

 

President Barack Obama, please step up to federal change on cannabis.

Young Barack Obama

Young Barack Obama

As reported here and elsewhere, voter mandated state legalization of cannabis possession in US states Washington and Colorado, has brought about enormous pressure to change federal policy. Charles Pierce, writing in Esquire well expresses the quizzical drug war actions of the Obama presidency. Pierce notes, “the results in Colorado and in Washington state – and, to a lesser extent, in Massachusetts – indicate that the political salience of the “war on drugs,” as applied to marijuana, at least, almost has completely evaporated.”

So far in his presidency, Obama has brushed aside numerous questions about drug policy and marijuana decriminalization with bemused disdain. One of his first presidential acts was to renominate GW Bush appointee and marijuana hardliner Michele Leonhart to head the DEA. He chose as his vice president long time drug war villain, Joe Biden. He has watched silently while the DEA, federal attorneys and other “public safety” agencies with self-serving anti-cannabis agendas dismantle thriving, tax-paying dispensary businesses in California and subjecting southern Oregon farms to brutal federal forfeiture.

Finally, powerful and respected voices are calling him out on this key budgetary, medical and personal freedom issue:

Sir Richard Branson, one of the world’s most intelligent and wealthy men, is a passionate advocate of drug law reform and ending prohibition of cannabis. He advises that the will Washington and Colorado voters should be respected. Sir Richard is disgusted by the fact that, “The U.S. currently spends no less than $51 billion — per year — on the war on drugs. That’s double what Apple profited last year. It’s a horribly depressing number.” President Obama, you are looking for ways to cut useless federal spending, Hello, they are staring you in the face.

Politically, its, like, WTF? The 2012 election showed the overwhelming importance of the youth vote (or lack of it, in the case of Republicans). President Obama, marijuana legalization got more votes than you did in Colorado. American voters now favor marijuana legalization, overwhelmingly in the case of medical cannabis. Any action you take now to free Americans from these vicious and destructive Schedule I penalties will be leading from behind, far behind current American public opinion.

You should thank your lucky stars that you were not caught and caged when you enjoyed pot as a youth. If you had been caught, the highest White House employment you could have hoped for would have been janitor, although you would probably have been denied entrance for even that. With the simple stroke of a pen, you as president could reschedule cannabis, away from the current draconian Schedule I, hopefully away from the DEA altogether. Never could so much justice be accomplished, so easily.

Will you instead, Mr. President unleash the dogs of war, drug war,  to crush state infrastructures and private citizens? Actually, with draconian Schedule I in place, along with hardliners in power at the DEA and as federal prosecutors, the misdirected, counterproductive federal war on cannabis will continue on its own, unless specially reined in. Writing in Salon, posted on Alternet, Alex Pareene nails it, “Here’s what I know: The DEA is full of people who went to go work for the DEA, and the Justice Department is full of prosecutors. Professional drug warriors, shockingly, are drug warriors. The Pentagon, similarly, is staffed with a lot of people who like dropping bombs and firing missiles, and every postwar president has ended up doing quite a bit of both once in office, no matter what they said they’d do before they were elected. The American state’s brutal machinery of death and prosecution is difficult to slow or stop “. On this issue President Obama seems every bit as sharp as he did in the first debate. But, now he could go the other way.

Act now, Mr. President, for harm reduction. Free young men and women, black, brown and white from the crushing personal and legal blow of a useless, tragically counterproductive marijuana arrest. Reduce the drug war prison Gulag. Help balance the budget by defunding the drug war and disbanding the DEA. Gain young voters for your political party. Enter the 21st century. Soften the fiscal cliff. Strike Schedule I from cannabis and end the idiotic war on marijuana.