US District Court Judge Alvin K. Hellerstein, while acknowledging the powers of cannabis, has dismissed a lawsuit challenging the federal ban of the plant.
According to Forbes, Hellerstein said he ruled in opposition to the plaintiffs because he believes they ought to pursue “administrative remedies” first, and that marijuana’s medical value is something for the Attorney General to consider, not a federal court of law.
The plaintiffs in the case are former New York Jet Marvin Washington, 12-year-old Alexis Bortell and 7-year-old Jagger Cotte, disabled military vet Jose Belen, and the Cannabis Cultural Association, a New York-based non-profit.
According to Marijuana Moment, the judge had this to say:
I emphasize that this decision is not on the merits of plaintiffs’ claim. Plaintiffs’ amended complaint, which I must accept as true for the purpose of this motion, claims that the use of medical marijuana has, quite literally, saved their lives. One plaintiff in this case, Alexis Bortell, suffers from intractable epilepsy, a severe seizure disorder that once caused her to experience multiple seizures every day. After years of searching for viable treatment options, Alexis began using medical marijuana. Since then, she has gone nearly three years without a single seizure. Jagger Cotte, another plaintiff in the case, suffers from a rare, congenital disease known as Leigh’s disease, which kills approximately 95% of those afflicted before they reach the age of four. After turning to medical marijuana, Jagger’s life has been extended by two years and his pain has become manageable.
Hellerstein said he highlighted the plaintiffs’ experience to emphasize that his decision should not be understood as a factual finding that marijuana lacks any medical use in the United States and “for the authority to make that determination is vested in the administrative process.”
US Attorney General Jeff Sessions is a vocal opponent of marijuana, even saying that “Good people don’t smoke marijuana.”
And that’s not making it easy on medical marijuana users who are trying to get their cases heard; the administration process, on average, comes with a nine year wait.
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Related Story: Just How Harmful Is Jeff Sessions To Cannabis Legalization?
Marijuana Moment talked to Joseph Bondy, an attorney on the case, who said the legal team is considering their next steps.
“We believe the court didn’t properly consider our arguments, even declining to allow us to be heard on some points—particularly our equal protection argument,” said Bondy. “We are exploring all options in furtherance of winning this case, whether through direct appeal or reconsideration, and will keep the community abreast of all developments. The legal team remains committed to the case and the cause, and thanks everyone for their unwavering support.”
Federal Judge Dismisses Marijuana Lawsuit by tomangell on Scribd
