Federal Judge Hellerstein rejected the lawsuit on Monday seeking to legalize marijuana nationwide. But many are still up in arms over the decision.
Federal Judge, Alvin K. Hellerstein, dismissed a lawsuit which petitioned the court in Manhattan, New York to legalize marijuana under federal law. The ruling judge stated that the plaintiffs overlooked the process of requesting the Drug Enforcement Administration eliminate marijuana from the dangerous substances list.
The three plaintiffs were: a former football player turned small marijuana business owner who sells marijuana based pain relievers, a 12-year-old named Alexis Bortell who uses medical marijuana to treat her chronic epilepsy, and the Cannabis Cultural Association, a not-for-profit devoted to stopping the war on drugs and advancing people of color in the cannabis business.
Hellerstein stated, in a 20-page opinion, that his verdict was not based on the plaintiffs claim that marijuana has medical attributes, but was based on the factors surrounding the matter. Most significantly the fact that marijuana is still viewed as Schedule 1 drug by the 1970 Controlled Substances Acts. He stated that the medicinal properties of the drug should provide enough reasoning for it to be removed from the list. Judge Hellerstein used Alexis Bortell medical situation as an example of the benefits of medical marijuana.
“she has gone nearly three years without a single seizure.”
The lawsuit, which was recorded in July, utilized some legitimate perspectives, including a case that the nation’s cannabis laws have generally victimized minorities and have since prohibited individuals who depend on marijuana to aid with their sickness from traveling.
Despite the fact that many courts have managed to dismiss similar cases, this lawsuit was in progress while the Trump administration reversed the legislation implemented during the Obama-period. This change has encouraged government prosecutors to harass marijuana vendors, even in states that have authorized the medication, jeopardizing the reasonability of the nation’s multibillion-dollar marijuana industry.