In a blow to activists across the US, the Supreme Court (SCOTUS) declined to hear a case regarding the restrictive stance the DEA takes on cannabis.
NFL player Marvin Washington, youth patient Alexis Bortell and military veteran Jose Belen filed the lawsuit. The three claimed the classification by the Drug Enforcement Administration (DEA) was unconstitutional in 2017. Taking 3 years for the case to move forward, this decision is a defeat for the challenge.
The case had support from different angles. Support from several advocacy groups and Congress members. Members include Blumenauer (D-OR), author of the MORE Act, and Tulsi Gabbard (D-HI) who recently ran for President.
As well, groups that submitted briefs were NORML, International Cannabis Bar Association, National Cannabis Industry Association, Arcview Group, Last Prisoner Project, Americans for Safe Access, Minority Cannabis Business Association
With backing as such, the challengers believed that would push the SCOTUS to hear the case. The Supreme Court discarded the case along with many other cases, which is quite common.
Path of the case
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Lower courts shot the case premise down in a series of rulings. Attorneys told the public that appealing to the SCOTUS would be the only way to get this heard. Initially, a U.S. District Court dismissed the request, on the grounds that the individuals must first seek administrative relief through existing channels such as petitioning the DEA directly.
The Second Circuit maintained that position. The plaintiffs argued that the DEA had already claimed it could only reclassify marijuana to schedule II. Asking for an additional 18 months on top of the 6 given. The plaintiffs requested to file a separate action to secure a declaratory judgment. Looking to ensure that the DEA has the authority to fully declassify marijuana. Then the court denied that request. However, it was concluded that it “cannot be seriously argued that this remedy is not available through the administrative process.”
On the other hand, had the group requested the reclassification, the DEA would have likely placed it as schedule II. This would end state-regulated dispensaries, and place the FDA in charge. Then that would require pharmacies to be the source of cannabis. Results would have been businesses ended overnight and possibly millions of lives not receiving proper treatment again until a new market was established.
America will now have to wait for either the DEA to do this on it’s own, or Congress to force it through.