Federal reclassification of marijuana could soon be on the horizon sooner than we think, thanks to a recent appellate ruling in a case that pits parents of sick children against the U.S. Department of Justice.
The case, Washington v. Barr (previously Washington v. Sessions), challenges marijuana’s status as on of the most dangerous narcotics listed in the U.S. Controlled Substance Act, on par with heroin and LSD.
Such challenges aren’t new, and it appeared initially as if this case might go the way of all the others. But what our cannabis lawyers noted as unique – and possibly groundbreaking – in the recent U.S. Court of Appeals for the Second Circuit’s ruling wasn’t only that justices denied the government’s motion to dismiss and allowed the case to proceed, but that the court:
Took the rare step of asserting it would retain jurisdiction of the case, holding it in abeyance, citing the dire medical needs of children involved;
Effectively put the U.S. Drug Enforcement Administration on notice of the expectation that reclassification needs to happen soon – within a matter of months. Continue reading