One of the most important lessons I learned in law school concerned how to win an argument. And regardless of whether the argument is made in a court of law or in the court of public opinion, one timeless principle will always apply: whereas amateurs try to direct an argument’s logic, professionals work to control its terms – while true masters of the art take the principle one step further and control its underlying facts.
To see a brilliant example, look no further than some of the greatest masters of this art: the public relations professionals who work for the tobacco industry. In the 1950s and 60s, when the earliest research about the deadly harms of tobacco began to come to light, the industry’s PR machine transformed the terms of the national discourse (“More doctors smoke CAMELS than any other brand of cigarette!”); but quickly, as the evidence kept mounting, the industry had to step up their game and seize control of the facts. That’s why they began sponsoring their own research, then began promoting their contrary findings to establish that there was a “debate” among the medical community as to whether smoking tobacco caused health problems.
The strategy worked brilliantly, and the industry was able to go on profiting off the deaths of half a million Americans per year without anyone going to jail.
It may seem odd to open a discussion of the significance of a federal hearing on cannabis with a story from the tobacco industry, but I thought that a little context was required to appreciate the three days of federal hearings on the constitutionality of cannabis’ continuing Schedule I classification beginning today in Sacramento, California – and to understand why these historic hearings are a very, very big deal.
“This is Where the Light Is.”
A man walking home from work late at night happened upon an unusual sight: another man, looking somewhat disheveled, scouring on his hands and knees the narrow circle of light thrown down onto the sidewalk by a street lamp above. There was obviously nothing there but concrete and dirt, so the man asked the other what he was so fervently seeking.
“My keys,” came the reply.
“One glance can show you they’re not here,” said the bewildered man. “Why don’t you try searching somewhere else?”
“Because,” said the other, resting on his knees. “This is where the light is.”
The story in the joke sounds absurd, but in a very real sense, this is how courts of law operate in the United States. With only one, very narrow exception to the rule (look up “judicial notice” if you’re feeling extra wonky), courts weighing the outcome of a case are not permitted to even look at any facts except those in the established evidentiary record of that case – in other words, where the light is.
While the rule sounds impossibly esoteric, its application has very real consequences. So, for example, when the Supreme Court decided in 2013 to finally terminate a petition to reschedule cannabis, it did so only with the benefit of evidence gathered in two separate hearings – one conducted in 2002 and the other all the way back in 1986. Thus, even though a huge amount of research on the medical efficacy of cannabis had been published in the decade before the Court made their decision, they were not allowed to consider it at all when making their decision. That’s not where the light is.
That’s why today’s hearing is a very big deal. By finally taking updated testimony from eminent experts – including Dr. Carl Hart, Dr. Phillip Denny, and the Leaf’s co-founder Chris Conrad – the federal court system will permit itself to know what almost every American already knows: that the Schedule I classification of cannabis is bogus. And those facts will be binding for the entire duration of an appeal, even it if goes (as it likely will) all the way back to the Supreme Court.
Schedule I classification requires, by the way, a rational and scientific determination that a drug lacks any currently accepted medical value in the US; that it also has a high potential for abuse; and that there is no safe way to administer it, even under a doctor’s supervision. This rational determination is required to be made, according to the language of the Controlled Substances Act which established the schedules, both intrinsically and comparatively, meaning that each drug must be evaluated not only on its own merits but also in comparison to drugs in the same schedule as well as other schedules.
Thus the government’s expert witness, Dr. Bertha Madras, has the unenviable job of explaining (under cross-examination) why cannabis belongs in the same category as heroin, but that cocaine (Schedule II) and crystal meth (Schedule III) should be less restricted. (In 2012, DEA Administrator Michele Leonhart stumbled badly when trying to make a similar case before Congress.) And if Judge Kimberly Mueller finds that there is no rational basis for the continued scheduling of cannabis according to these metrics, she will strike down the classification as unconstitutional.
To be sure, such a move will certainly provoke an appeal; but the damage will have been done because the facts will have already been established. All later appeals courts will be bound by the same factual findings that cannabis doesn’t belong in Schedule I — because that’s where the light will be.
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Convicted individuals can also expunge their arrest records to make a clean start. But is it really? When push comes to shove and the work to be done requires some more expertise, better go for the professional service. You’re going to want a lawyer to walk you through the expungement process.
hopefully by the first quarter in 2015
Here it is, New Years Eve and still no decision. Hope soon.
SB 9 here in Kansas was supposed to introduce REAL DIALOG at the Capitol Level. Being a Veteran, 100% Service Connected (Total and Permanent) who lives in chronic spine pain both cervical and lumbar. I would like it to be at least an option versus the highly addictive and sought for, narcotic pain killers. I am beside myself frustrated with being treated as a “pill seaker” every 30-days. I am beside myself with masking the issue causing the pain to begin with. So as time keeps on slipping into the future, your body develops an ammunity to the dose you’re prescribed. So their answer is always to add more. When that doesn’t work, they change the drug at a lower dose. Then the cycle begins. All the while pharmacy personnel treat you like a pill seeker. I DON’T WANT YOUR DAMN PILLS. This is legal? I ask to try Marinol. Doc says they cannot write write it because “I’M NOT TERMINALLY ILL!!” Are you kidding?!?!?!?
I am James Connell My wife has been suffering from thyroid cancer which was confirmed to be stage four, the doctor told me there was little he could do since she wasn’t responding to treatment but a friend of mine came to our rescue by ordering this hemp oil from RICK which he said has been helping some patient fight against cancer of various types so we decided to give it a chance, so far my wife is improving perfectly very well and presently she can walk around the house all by herself. I felt its necessary i let others who are suffering from this acute disease that once you have a good hemp oil it can really give one a sound second chance of living.
by chance if you happen to be in need of this hemp oil you can contact RICK who supplied I and my wife with this email: ricksimpsoncannabisoils@outlook.com
Excellent post about Cannabis Policy, Thanks https://theleafonline.us/c/author/jeremydaw/ for this post share with us.
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KirkSherrill Thanks for the comment. The plant is truly a gift from God that’s time has come to help so many people with so many problems. It is so wonderful to see us all so open and pushing as a “COMMUNITY” to help each other to be able to benefit. Peace, MannyJ
Endocannabinoid deficiency disease: http://classicalvalues.com/2014/11/a-deficiency-disease/
This plant is absolutely wonderful attention disorders.
In an article in “Cannabinoids 2008;” 3(1): 1-3, Authors/researchers Peter Strohbeck-Kuehner, Gisela Skopp, Rainer Mattern of the Institute of Legal- and Traffic Medicine, Heidelberg University Medical Centre, Voss Str. 2, D-69115 Heidelberg, Germany, I have included this scientific/medical study on the safe and effective use of medicinal cannabis, more commonly referred to as medical marijuana, in an effort to clearly demonstrate that medicinal cannabis has proven itself NOT to fit by any legal or moral stretch of the imagination to the U.S. Drug Enforcement Agency definition of a Schedule I, Controlled Substance in that it defines “Schedule I drugs, substances, or chemicals are defined as drugs with no currently accepted medical use and a high potential for abuse. Schedule I drugs are the most dangerous drugs of all the drug schedules with potentially severe psychological or physical dependence. Some examples of Schedule I drugs are:heroin, lysergic acid diethylamide (LSD), marijuana (cannabis), 3,4-methylenedioxymethamphetamine (ecstasy), methaqualone, and peyote.
This is just one medical study of over 1,600 the Compassionate Cannabis Community presents in its new eBook titled, “Cannabis: The Whole Truth and Nothing but the Truth.”
Here is an abstract of this important study not only due to its importance in treating ADHD which, according to the Center for Disease Control’s 2012 estimate that over 4.4 million patients in the U.S. suffer, but also it is serves to buttress the conclusion that Medicinal Cannabis, medical marijuana, is clearly NOT a Schedule I Controlled Substance and should be reclassified immediately.
Abstract
Attention-deficit/hyperactivity disorder (ADHD) is characterized by attention deficits and an atered activation level. The purpose of this case investigation was to highlight that people with ADHD can benefit in some cases from the consumption of THC. A 28-year old male, who showed improper behaviour and appeared to be very maladjusted and inattentive while sober, appeared to be completely inconspicuous while having a very high blood plasma level of delta-9- tetrahydrocannabinol (THC). Performance tests, which were conducted with the test batteries ART2020 and TAP provided sufficient and partly over-averaged results in driving related per- formance. Thus, it has to be considered, that in the case of ADHD, THC can have atypical effects and can even lead to an enhanced driving related performance. Keywords: ADHD, cannabis, performance, driving.
Peace, Love and Blessings to ALL,
Manny Johnson
Compassionate Cannabis Community
CurtisCreek Yeah, but those have to now work with real information about marijuana. It will be very difficult to make a cognizant argument in favor of Schedule I Status as there isn’t any data to back up such a claim. Just an endless list of silly excuses.
theTruthHurts101 I get what you’re saying, but nut jobs are not charge of cancer research. There was/is a big problem with cancer research. They took samples from say, “colon cancer” and then somewhere along the way another cancer called “melanoma” somehow got into the “colon cancer” sample. Then this sample gets divided and shared around the world with different “colon cancer” researchers, but they didn’t receive any “colon cancer” to study, just “melanoma”. Literally hundreds of lines of different cancers cells have turned out to be imposters. After years and years of research had been done with them. Basically, all that science has to be done over and many, many experiments and studies are going to be thrown out.
TeriGouldner This court case is not about CBD vs. THC. It’s about whether or not
cannabis should be listed as a controlled substance with no medicinal
benefits.
There’s so much confusion over terms. Marijuana is a slang term. Just as Ganga, Dagga, and Pot are slang terms. Generally accepted terminology: hemp=industrial cannabis=medicinal/recreational. Hemp seed oil is good as a food supplement but doesn’t have enough CBD in it to be considered medicinal. The Stanley’s are known for one strain of cannabis that is CBD dominant, that has helped some (not all) with Dravet’s syndrome. Many children are doing well on a combination of CBD and THC, benefiting from the “entrouage” effect. There’s also a lot of evidence that THCa (unheated cannabis) is as effective as CBD for seizure management. Cannabis is not a one size fits all medicine. It takes some experimentation and fine tuning to get the “just right” ratio of THC to CBD.
There are some scammers out there that want you to believe their Hemp Paste with a small amount of CBD is the way to go and that it’s legal to distribute. They are preying on desperate and ignorant people by selling the myth that you can get all the benefits of cannabis with industrial hemp derivatives. As stated below by weed_the_people, any cannabinoid (CBD or other) is still considered a Schedule 1 drug.
Any push for CBD only medicine is a push in the wrong direction. For
example: THC is anti-tumoral and anti-proliferative for fighting/killing
cancer. CBD is about boosting your immune system helping to bring your
body back into homeostasis to help prevent the spread of cancer and/or
other ailments. I want the right to grow my own medicine. I want the
right to make my medicine to suit my needs. I don’t want anyone to
decide that being high is bad for me. You decide what works for you and
leave me to do the same.
I have to put this out there . . . THC is not evil. Although your comments skirt the margins of that philosophy, many uninformed and/or inexperienced people are pushing CBD only legislation because the “high” is bad (in their minds). There are many ways to mitigate the “high” feeling by using cannabis in combination with other supplements and/or using it rectally. That said, mother nature didn’t endow this plant with psychoactive properties by accident. There’s a tremendous amount of healing that takes place in the mind long before it takes hold in the body. Science is only now starting to discover what healers and shaman have known for centuries; cannabis opens the mind to higher consciousness. http://www.wakingtimes.com/2013/01/14/cannabis-the-pineal-gland-turn-on-the-third-eye/
We all need to be on a mission to educate ourselves and others about this miracle plant. Here’s a place to start: https://www.facebook.com/groups/733774223342295/
TeriGouldner Thanks for your comments, but unfortunately your claim that CBD is legal is not true. CBD is listed in Schedule I of the federal Controlled Substances Act.
https://theleafonline.us/c/business/2014/06/yes-cbd-still-illegal/
From
my understanding people can get the benefits of CBD without having to bring
their children or themselves to a medicinal marijuana state. THC is the
issue we are talking here. I understand that there are only a handful of health
challenges that require that THC even be involved. That’s where I
have an issue with all of this.
Cannabis
Sativa has 2 breeds, Hemp & Marijuana. Hemp has all the good
properties of the plant like being bred specifically for fiber used for
clothing and construction, oils and topical ointments, nutritional
benefits and a wide and growing variety of other purposes that don’t involve
intoxication.
Marijuana
is specifically bred for the potent resinous glands (trichomes) that grow
on the flowers and some leaves (buds) and this plant causes intoxication.
In other words, Hemp has high CBD low THC and Marijuana has high THC and
low CBD.
I wish
to see the issue of this about using a plant that gets you healthy not
high. There are so many people that can benefit by the high CBD in the
stalk and stem of the Hemp plant. Let’s work on educating the nation on
this issue and remove marijuana from the mix.
CBD from the hemp plant has been legal in this
country for many years. That’s what the Stanley Brother’s did with
Charlotte. Her medicine was a breed of plant with very high CBD
and very low CBD.
This
is what I want to let everyone know here by writing this. You don’t need
Marijuana (cannabis sativa) legalized or decriminalized to benefit from the
plants effects, you just need to bring awareness to the benefits of the CBD in
the Hemp (cannabis sativa) plant and we need to allow it to be grown in every
home and on every farm of people who wish to do so. Industrial Hemp is
where the real medicine and come back of this country will benefit from.
How is it that I have not stumbled upon this site earlier? The inane war on drugs, and particularly cannabis prohibition, are among my top issues and my appetite for good information on this topic is voracious. Yet lately I find myself skimming articles on this topic because they are so often regurgitating the same arguments as previous ones. Even articles with an anti-prohibition slant can be boring because I am well aware of the many sound arguments for ending prohibition and don’t really need to reread them again and again.
When I first heard about this trial I felt, like Jeremy Daw, that it could be significant. Remember, gay marriage for the most part was not legislated but litigated into legality. I stumbled upon this site looking for details of the trial after these hearings, which were surprisingly hard to find. But this site not only reported on the hearing; it also provides a lot of in-depth reporting that are lacking at other sites. Kudos to everyone at TheLeafOnline for turning out such a high quality product!
dolores halbin I am sorry Delores. Brutal; Prohibition has been BRUTAL!!! Peace
Slaytanic420 marsreporter Hey, EASY A-hole. That’s a valid comment by the marsreporter. Let’s all give each other a break; we have been suppressed and laboring under the super harsh system of marijuana Prohibition for a LONG time! A little obvious venting can be expected!! Peace Bro…
weed_the_people imwithstupid Thanks so much, you rock.
imwithstupid Judge Mueller accepted into evidence a written declaration of a mother of a child with Dravet’s syndrome, the same disease which Charlotte has. The prosecution, however, decided that they would prefer not to put her on the stand, so her testimony is going into the record essentially unchallenged (i.e., without cross-examination).
Sorry but there’s just so much to this case; I’m writing it up as fast as I can!
They need to bring in Charlotte and tell her story.
Slaytanic420 marsreporter Charlotte’s web is a strain that relieves children who have seizures. It gives kids back their lives, and parents have been moving their families cross country to get this miracle medicine. Parents will do whatever they can to get this med as it work better than any other drug. It’s really low in THC. Charlotte was having 300 seizures a week, modern medicine could do nothing, she was dying. Her parents tried this special cannabis and now she only has a couple of seizures a month. Forgive my over-simplification, here is the story. Warning: it’s a tear-jerker.
http://www.cnn.com/2013/08/07/health/charlotte-child-medical-marijuana/
LetsgetrealWagner Last day of testimony tommorow. Judge will have one month to deliver a decision.
So, when do they expect the court to render a decision? Are there any more hearings or has is the case now in the hands of the judges?
Slaytanic420 marsreporter He’s Talking about its USES to CONTROL EPILEPSY and Other Conditions
you have the right avitar
marsreporter what the hell are you talking about? stick to the subject matter dumdum….
Mom’s should not have to go to jail to save their kids!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
Kinda like cancer why would they find a cure for it when millions of people donate billions of dollars to figure out a cure they had for years but don’t wanna tell anyone so they keep getting money even if they never share the cure and weed is the cancer to them and people getting put in jail or taking pills on pills and ending up in hospitals is there never ending money the bottom line is our gov sucks..:p everyone just keep praying and hope for the best all I can say time to roll up some gdp and enjoy a lil outdoors:)
There going to treat it like drinking when it was illegal and people were in trouble with that then blam same thing with pot people were just In the wrong place at the wrong time I’m sure anyone in jail will be happy to know once there out they can finally be at peace and smoke when they want if it became legalized.sucks they dId time for something that’s not bad but law is the law at the time even though they change at times I know so many people that have told me they would stop smoking cigs if weed wasn’t illegal and some say I’d rather take the risk and smoke and keep hoping it gets legalized they don’t wanna do that because all the money tobacco companies will lose and jails/ prison will lose out and pharmaceutical company will lose out and the (people/judges) (they pay off to keep weed illegal will lose their cash there handed under the table) form the 3 tobacco/ jail/prison and pharmaceutical
Sorry if any typos but that’s how I feel about it
sillyfugger Thanks for the well written update on the case. Fingers crossed!
Reparations?
Raparations for those who witness with their false tongues.
Great article! Rescheduling now won’t undo a lot of the injustices of the past, but it will open the door for appeals and releases for many who sit in jail today. This court action has moved us past the tipping point. Once this info is “in the light” of public opinion, not just judicial discretion, you will see an avalanche of jury nullification. We will soon reach the flash point of public support; especially when people start to really pay attention to the history of prohibition and current research on the medicinal benefits. I’m sorry Dolores Halbin for all that you and your husband have suffered; blessings to you both.
ritmankeith I wish I knew for sure. In believe that this case will at least force the issue enough that it forces the Attorney General and Congress to at least address the question of reform.
If it stays in the courts, who knows? We may get a big win; but there are also possible ways that appeals courts could rule these findings irrelevant. I plan to cover some of those ways in a future post.
This is encouraging news. Unfortunatly, for me & my 61 yr old husband, too little too late. He is end stage diabetis with severe glaucoma. We are both facing 15 yr prison sentences in the state if Missouri for his Cannabis garden in the basemant, which had three mature plants. The week we spent in jail he did not get his medications which included meds for High Blood Pressure, Blood Thinners for his stents, & insulin. He suffered a silent heart attack in jail & since has spent 4 weeks in the hospital & had four surgeries. To what end? (See Bates County Marijuana Raid KC STAR, Don Bradley March 30. 2014)
I would have to said in my opinion it will not, until our electors can find a legal way to make us pay their mistress’s car note. Democracy no longer stands for freedom, it smells more like extortion. Our criminal Justice system is a joke; it is in place to keep small time users in a payment system.
Nicely written article. so are you saying that in your opinion it will be or it wont be. Your summation leaves something to be desired.
Until our government can find a bit of money for themselves they won’t change a thing. Our country is a good concept but has some serious comprising on our policies to do. ITS NOT WHAT IS GOOD FOR THE PEOPLE IT IS WHAT IS GOOD FOR BUSINESS?!! Plus if it it legalized then what are they going to say to all the people they’ve wrongfully imprisoned and who will be accountable………..
I am making some popcorn 🙂
Unfortunately, this circuit court has had many rulings overturned, and this is far from the last court this issue will face. If this ruling is not overturned, look for the federal government to take it up the line, where they have many more favorable judges.
Cannabis as a Schedule I substance is absurd. Fortunately, I think that’s going to change soon. The DEA (I’m sure with some severe arm-twisting) has requested that the scheduling be re-examined.