420 with CNW – Federal Court Rejects DEA Request to Throw Out Marijuana Rescheduling Case

August 25, 2020 15:25:04

A federal court of appeal in the U.S. has shot down a request by the Drug Enforcement Administration (“DEA”) challenging a lawsuit against the existing marijuana classification in the federal law. The federal agency was sued by veterans and scientists over their decision to declare cannabis as belonging to schedule 1 of the Controlled Substances Act.

The decision sparked mixed reactions among various players in the marijuana sector who termed the move unconstitutional.

The petitioners in the case argued that the DEA’s scheduling standards misinterpreted the federal law. DEA’s contentious claim dismissing marijuana’s approval for use in medication has set the center stage for protracted legal battles among various actors.

Typically, the government’s stand dismissing the medicinal value of marijuana has disgruntled various marijuana industry players.

The DEA led the government to believe that marijuana hasn’t been proved to be safe for use in the medical sector. In the case, the petitioners argue that a proposal by DEA calling for strict control in the use of marijuana is unconstitutional. The strict rules suggested guiding the use of marijuana continue to elicit a sharp reaction from various marijuana industry advocates.

Delays in licensing more marijuana growers for research purposes has sparked uproar among some lawmakers. A group of disgruntled lawmakers has therefore requested the DEA to fast track the process of formulating policies guiding the issuance of more licenses to research-grade marijuana manufacturers.

On the other hand, medical cannabis patients filed a lawsuit against the DEA petitioning a move by the U.S. government prohibiting the use of marijuana. In the case, medical cannabis patients have requested the U.S. Supreme Court to pick up their case that has undergone several rulings in the lower courts since the initial lawsuit was filed back in 2017.

A number of times, the DEA has been taken to court by Scottsdale Research institute SRI over dubious marijuana policies. The policies are said to hurt the cannabis industry. SRI has been instrumental in pushing for changes in policies governing the marijuana industry, and it is one of the applicants for licenses to manufacture marijuana for research purposes.

Most petitioners in the case have raised concerns about the DEA’s scheduling standards based on government perception that marijuana has no proven medicinal value. In this case, the push and shove in proper policies to guide the cannabis industry has brought a back and forth kind of approach that has delayed the release of appropriate laws and regulations to govern the marijuana sector.

Shane Pennington, one of the legal counsels representing Scottsdale Research Institute SRI indicated that a 9th circuit panel is anticipated to review the arguments of the case and give a decision based on merit.

It is widely expected that the entire cannabis industry, including Cannabis Global Inc. (OTC: CBGL), will be following this case closely until its conclusion.

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