Poor old Jeff Sessions (that was sarcasm, by the way). The Attorney General and dedicated Trump follower has fallen out of favor with the President and may well be out of a job soon. As difficult as that may be, there’s more trouble in store for Sessions.
On Monday, former NFL player Marvin Washington and five other plaintiffs filed a federal lawsuit against Sessions and DEA acting administrator Charles Rosenberg. The lawsuit challenges the constitutionality of the 1970 Controlled Substances Act (CSA), specifically its classification of cannabis as a Schedule I substance (along with heroin, LSD, and mescaline). Requirements for a drug to be classified as Schedule I are that it 1.) has high potential for abuse, 2.) has no medical use, and 3.) has no ability to be used or tested safely. Cocaine and morphine are classified as less dangerous Schedule II drugs.
The 89-page complaint rejects that reasoning, stating, “Indeed, the Federal Government has admitted repeatedly in writing and implemented national policy reflecting that cannabis does in fact have medical uses and can be used and tested safely under medical supervision.” Then the lawsuit drops a truth bomb.
“The Nixon Administration ushered the CSA through Congress and insisted that cannabis be included on Schedule I so that African Americans and war protesters could be raided, prosecuted and incarcerated without identifying the actual and unconstitutional basis for the government’s actions,” the complaint states.
It’s true that Vietnam protesters and African American groups like the Black Panthers were a huge thorn in the side of the federal government in 1970. Making a direct link between that conflict and the CSA in a federal lawsuit is, one might say, speaking truth to power.
Even if the plaintiffs win the lawsuit, that won’t cause the CSA to be nullified. Instead, it will put in place a permanent injunction against enforcement of the federal law as it pertains to cannabis.
The Green Solution supports efforts to reclassify cannabis, and agrees that the current scheduling is irrational. We’ll keep following the case, and keep you up to date on developments.