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Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsWhat Would Rescheduling Marijuana Accomplish?
In response to the recent New Yorker magazine article in which Obama placed marijuana in the same category of substances as alcohol and cigarettes, and Mark Kleiman's statement that rescheduling would have little to no effect, the author notes it was incorrect to claim rescheduling marijuana is only possible through an act of Congress, and notes there are significant benefits to placing marijuana as a Schedule III - V substance.
Since marijuana itself cannot be patented, a pharmaceutical company would not have much incentive to go through the arduous, time-consuming, and expensive process required to gain FDA approval. Furthermore, drug regulators tend to look askance at herbal medicine, preferring isolated chemicals. Theyre never going to approve a whole-plant organic product, says Dan Riffle, director of federal policies at the Marijuana Policy Project.
But Riffle adds that rescheduling marijuana would make it easier to conduct research on the plants medical utility, which could lead to cannabis-derived medications that would pass muster with the FDA. The biggest obstacle, at least historically, to doing research on marijuana to prove its medical benefit is that its in Schedule I, Riffle says. So you had that Catch-22, where marijuana is a Schedule I drug because theres no evidence, and theres no evidence because marijuana is a Schedule I drug.
Beyond the ability to do research is the ability to even consider the research because of "burdensome registration requirements and regulations" for Schedule I substances that do not exist for research into Schedule III or lower substances.
In addition, Section 280E of the Internal Revenue Code prohibits the deduction of business expenses related to trafficking in controlled substances, only for Schedule I or II substances.
Removing marijuana as a Schedule I substance would make it possible for the Drug Czar's Office of National Drug Control Policy (ONDCP) to be more honest, since they are required by law to oppose the legalization of any Schedule I substance. As Blumenauer recently noted, this inability to speak honestly about marijuana undermines any statement such organizations make when they cannot admit marijuana is less harmful than meth, while every mother and her child know this is reality.
Currently, the Department of Health and Human Services (HHS), is barred from using any of its funds to promote the legalization of Schedule I substances, but this ban does not exist for substances below Schedule I.
Rescheduling would be a powerful message that science and evidence are more important than the tangle of laws that have resisted this same science and evidence.
http://www.forbes.com/sites/jacobsullum/2014/02/07/more-than-zero-reclassifying-marijuana-would-have-a-significant-impact-on-drug-policy/2/
Scuba
(53,475 posts)RainDog
(28,784 posts)the biggest value would be for research and to dampen down some of the official propaganda.
Congress needs to pass the Polis bill to regulate marijuana like alcohol, since it is an organic, not a drug, and it will never find acceptance from the medical community because it is what it is - a plant.
Scuba
(53,475 posts)RainDog
(28,784 posts)It's my understanding that scheduling and legality exist in separate spheres.
Scuba
(53,475 posts)RainDog
(28,784 posts)codeine, for example.
The illegality comes from the laws that Congress passes regarding something's legal status, not pharmaceutical status.
jeff47
(26,549 posts)not the actual drug. For example, "it's illegal to possess or distribute any schedule 1 drug".
It's also possible to explicitly call out an individual drug in a law, as the laws against "crack" did.
I have no idea if marijuana is explicitly called out, or if it's covered by the "schedule 1" umbrella.
Coyotl
(15,262 posts)RainDog
(28,784 posts)It seems that states that have decriminalized or changed the law regarding possession haven't been impacted by the Drug Schedule when they did so.
jeff47
(26,549 posts)The Feds could shut down the "legal" pot markets in WA and CO, and all the medical marijuana markets, because they're still against federal law. For the time being, the feds are letting them get away with breaking the law.
RainDog
(28,784 posts)Last edited Sat Feb 8, 2014, 01:18 AM - Edit history (1)
Penalties for simple possession vary wildly between states.
California is like another planet, compared to Louisiana, for instance. Neither has legal cannabis. California decriminalized, which meant it move cannabis from a substance requiring a criminal penalty to one that is defined by civil law. an infraction.
(edit to remove civil law info not pertinent.)
Anyway, in California, you get the equivalent of a traffic ticket. In Louisiana, you get time in prison.
jeff47
(26,549 posts)Federal law trumps state law, and it's still against federal law. The only reason people in CA are not being sent to federal prison is the feds are not enforcing the federal law in CA.
Also:
No. Both are criminal law. However, one is a crime, and one is an infraction.
RainDog
(28,784 posts)I was thinking about decriminalization as move to civil law - but, yes, civil law is not brought by the govt. to bear on anyone.
As a practical issue, state law does matter because there's no way it's cost effective to bring the power of the federal govt. down on the state of CA. in regard to the application of law for something like this.
But, yes, the real issue is that Congress needs to change the law at the federal level and remove cannabis from the controlled substances act.
villager
(26,001 posts)n/t
RainDog
(28,784 posts)to fix the entire mess.
There is such a tangle of law regarding this issue - we need to let our Congresspeople know we don't want to waste money or lives on this crap anymore.
truedelphi
(32,324 posts)fredamae
(4,458 posts)outside How Long We Pay for someone to be incarcerated and how much we choose to destroy their lives.
Cannabis is now, as of Dec 10, 2013, declared a Botanical Herb. No one should be punished for using it-ever. Might as well punish folks for using Chamomile Tea and St Johns Wort etc, then-imo
http://herbal-ahp.org/://herbal-ahp.org/
For the first time since 1942, cannabis has been readmitted into the class of Herbal Medicines. It is not a drug. It is not a dangerous narcotic.
Therefore, it should not appear on Any CSA anywhere at anytime for any reason. The 1937 prohibition of cannabis forced the removal of cannabis from the AHP in the first place.
We've been intentionally misled for 80 years. It's time for change, imo.
Cannabis should not be Re-Scheduled- It must be De-Scheduled.
RainDog
(28,784 posts)And, in fact, I hope some legal beagles will address the issue of the schedule for cannabis on the basis of constitutionality, in light of Congress' approval of medical marijuana for DC.
Since DC just decriminalized, this should also bring into question the nation-wide illegal status of cannabis by Congress when it's no longer criminal in their own backyard, and it is being sold in dispensaries.
fredamae
(4,458 posts)contact lawmakers to inform them of this new development re: the re-declaration that cannabis is a Botanical Medicine. That alone will allow a scientific foundation of credible and sensible arguments against the continuation of cannabis prohibition based upon the 80 years long perpetuated myth cannabis is a drug.
I wish I could A) afford it and B) If I wouldn't get in trouble for it--I would buy every member of congress this "old/new" Cannabis Monograph.
This is, as "Joe" would say: A BFD!
RainDog
(28,784 posts)And this interesting turn. I think I'll link to the declaration in the drug policy forum.
fredamae
(4,458 posts)If we recognize lawmakers are under-informed, misinformed and/or are intentionally ignoring the glaring realities of science? I feel I would be derelict in my job as a constituent if I didn't make every effort to, maybe not change minds-but at least provide accurate information so at the very least-they are making Informed statements and votes
At the end of the day: The laws, rules and policies governing cannabis Are the most dangerous elements surrounding its use.
truedelphi
(32,324 posts)Last edited Fri Feb 7, 2014, 07:59 PM - Edit history (1)
New Yorker's pages.
I am totally luv-ving your saying "Cannabis should not be Re-Scheduled- It must be De-Scheduled."
Once upon a time, The New Yorker was noted for its far outside the box writers. It published a serialized version of John Hershey's "Hiroshima," it published Rachel Carson's "Silent Spring."
Now it publishes misleading crap like this article, along with lengthy pieces praising the chief CEO of Monsanto etc.
This is from Forbes, not the New Yorker - and fwiw, Rachael Carson was already a best selling writer for The Sea Around Us (it won the National Book Award and made her wealthy) long before Silent Spring. Hershey was no outsider either.
Anyway, the OP was for information - because we had discussed the topic here and I thought bringing more information from other voices would be useful to the discussion.
The article isn't misleading - it is talking about what impact rescheduling or not might have.
The Herbal Pharmacopeia isn't going to change the reality that botanicals are not going to be accepted as medicine under the terms exacted by the FDA, etc.
Have a great day!
truedelphi
(32,324 posts)Last edited Sun Feb 9, 2014, 07:03 PM - Edit history (2)
You glibly state:
The Herbal Pharmacopeia isn't going to change the reality that botanicals are not going to be accepted as medicine under the terms exacted by the FDA, etc.
If we continually set the bar so as to not expect reality to be different than the awful crap now so firmly being dictated to us, we will never succeed.
So there are indeed many of us who refuse to set that bar so low. No matter how many times we may be besieged by others who say that setting the bar low is what is expected of us, or it is logical, etc.
The right of every person on the planet to grow for themselves, and for small time growers to grow as well are indeed rights that many of us will insist upon. Many of us will not rest until these rights are realized, no matter what nonsense you or Nadelman continually tell us we have to accept!
By the way, the Corporate-owned FDA also tells us that we have to accept that Gm foods are "the wave of the future" but most people I hang out with are not about to accept that either.
There is a difference between advocating and relating information.
I find it odd that you don't separate the two, since you state you've worked in journalism before.
To relay information isn't the same as supporting this or that.
To state that what others who are for the reform of marijuana laws, and have worked within that capacity for many years have noted about the way cannabis does not fall under this or that is not to support it - it's merely to state what those reformers know.
Lester Grinspoon, for instance, a long-time activist, doctor and PhD, made this observation a decade ago. Nothing has changed - cannabis is still a plant.
Figuring out how to work around the mess of laws that exist regarding cannabis means people take into account the barriers that exist.
I think it's bizarre that you somehow find this offensive.
Comrade Grumpy
(13,184 posts)panader0
(25,816 posts)The doctor asked him if he wanted to use medical marijuana. He said "I haven't needed permission for 40 years."
Response to RainDog (Original post)
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