To be a Schedule I drug, a substance must meet 3 qualifications:
There is a lack of accepted safety for use of the drug or other substance under medical supervision, AND
The drug or other substance has no currently accepted medical use in treatment in the United States, AND
The drug or other substance has a high potential for abuse.
With respect to Item 1, Safety: Marijuana ingestion has never been listed as a cause of death; it is physically impossible for a human being to die from purposely ingesting too much Marijuana.
Item 2, the “No currently Accepted Medical Use” clause is clearly invalid across the 14 states where medical marijuana is permitted by law: Alaska, California, Colorado, Hawaii, Maine, Michigan, Montana, Nevada, New Jersey, New Mexico, Oregon, Rhode Island, Vermont and Washington. By definition, in each of these states, Marijuana does indeed have a “currently accepted medical use.”
Finally, Item 3: Potential for Abuse. I submit that a rational adult might rightly conclude that many drugs — including alcohol and cigarettes — have a far higher potential for abuse than Cannabis. By the same token, given that at least 42% of the US population has tried Marijuana at least once, it is evident that Marijuana should not be classified or grouped together with drugs like heroin, cocaine or meth-amphetamines.
In order to be a considered a Schedule I drug, Marijuana must fit each of these three classifications.
But, on July 22, 2010, an agency of the U.S. Federal Government directed its medical staff to accept the fact that Marijuana has medical value in the states where it is legal.
According to the definition of Schedule I under the Controlled Substances Act, if a drug has any medical value, then it cannot be a Schedule I drug.
The precursor to this recent VA Directive may have been Gonzales v. Oregon, a 2006 Supreme Court decision — the first major case under Chief Justice John Roberts — wherein the Court held that state health care laws trump the power of the U.S. Attorney General’s Office to enforce federal drug laws.
In light of Gonzales v. Oregon, the VA’s acknowledgement that Marijuana has medical value now seems inevitable: for all practical purposes, Marijuana is no longer a Schedule I drug.
Game Over.
via Did the Veterans Administration Unseat Marijuana From Schedule I? | Cannabis Culture Magazine.
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