Under federal law marijuana is still classified as schedule I meaning it has no accepted medical value. That is why it is illegal to prescribe or take it as medicine under federal law. Individuals though are allowed to petition the executive branch about rescheduling a drug based on new scientific research. The executive branch has the legal authority to change any drugs classification without the need for Congressional approval.

So far every such petition regarding marijuana has been rejected by the government with the most recent rejection in 2011. In response Americans for Safe Access and medical marijuana patients filed suit arguing the Drug Enforcement Agency was ignoring the scientific evidence.

While the court ruled that defendants in the case did have standing to bring the suit they concluded that the DEA acted within its authority. The DEA’s actions did not meet the arbitrary and capricious standard. From the Court:

On the merits, the question before the court is not whether marijuana could have some medical benefits. Rather, the limited question that we address is whether the DEA’s decision declining to initiate proceedings to reschedule marijuana under the CSA was arbitrary and capricious. These questions are not coterminous. “The scope of review under the ‘arbitrary and capricious’ standard is narrow and a court is not to substitute its judgment for that of the agency.” Motor Vehicle Mfrs. Ass’n of the U.S., Inc. v. State Farm Mut. Auto. Ins. Co., 463 U.S. 29, 43 (1983). On the record before us, we hold that the DEA’s denial of the rescheduling petition survives review under the deferential arbitrary and capricious standard. The petition asks the DEA to reclassify marijuana as a Schedule III, IV, or V drug, which, under the terms of the CSA, requires a “currently accepted medical use.” The DEA’s regulations, which we approved in Alliance for Cannabis Therapeutics v. DEA, 15 F.3d 1131 (D.C. Cir. 1994), define “currently accepted medical use” to require, inter alia, “adequate and well-controlled studies proving efficacy.” Id. at 1135. We defer to the agency’s interpretation of these regulations and find that substantial evidence supports its determination that such studies do not exist.

With the court deciding not act it appears that it ultimately up to Obama administration whether or not change marijuana’s legal status to permit medical marijuana under federal law.

The Obama administration can choose to do so at anytime. Since the last petition was rejected in 2011, governors of several states with medical marijuana laws have already filed new petitions requesting the federal government move marijuana to a lower schedule.

End the war on medical marijuana (photo: Steven Pepple/shutterstock.com)

When President Obama comes to Oakland on July 23rd to raise money for his re-election campaign he will be greeted by a large number of protesters who support medical marijuana. Harborside Health Center, along with Americans For Safe Access, are organizing a protest against the Obama administration’s aggressive war against medical marijuana. The most recent of many developments in Obama’s offensive against medical marijuana was the local U.S. Attorney’s office threatening to seize the property used by Harborside. From Harborside’s call for a protest:

The federal attacks on the medical cannabis community keep coming. Recently, the Department of Justice announced their intention to confiscate two buildings operated by Harborside Health Center in Oakland, CA and in San Jose, CA. This latest attack comes on the heels of other raids, audits, and other intimidation around the state.

Can you please join us on Monday, July 23, to tell President Obama to stop attacking California’s medical cannabis patients, cultivators, and providers when he visits the Fox Theater in downtown Oakland?

During the 2008 campaign then candidate Obama promised to respect the states’ medical marijuana laws.  But since taking office the Obama administration has been worse on this issue than even George W. Bush or Bill Clinton.

The Obama administration has not just gone after medical marijuana dispensaries that are in compliance with state law. They have threatened financial institutions to prevent them from working with dispensaries. They have issued threats to state officials to prevent some states from adopting or implementing pro-medical marijuana policies. The administration has even harassed medical marijuana patients; for example the federal Bureau of Alcohol, Tobacco, Firearms and Explosives declared it illegal for medical marijuana patients to own firearms.

(Photo: Steven Pepple/shutterstock.com)

Americans for Safe Access, a marijuana patient advocacy group, has recently created a new website, NotCooley.com, to get out the vote against Steve Cooley, candidate for California Attorney General.

ASA’s message is clear: “The most important vote on the ballot for medical marijuana is a vote against Steve Cooley for Attorney General.”

Cooley is the three-term district attorney from Los Angeles who has been actively working against medical marijuana and Proposition 19. During his service as district attorney he has overseen raids on dispensaries, and has attempted to criminalize the sale and distribution of medical marijuana. If elected as the California’s top lawyer, it’s conceivable the huge strides made in California for marijuana reform would be set back several years.

As Scott Morgan of StopTheDrugWar.org put it:

If Prop 19 fails and Cooley is elected, this season’s marijuana reform honeymoon is going to come to a crashing halt in short order. This guy is as nasty a drug warrior as there is, and if he becomes California’s top law enforcement official, it isn’t going to be pretty.

NotCooley.com offers insight to voters about polices that Cooley opposes; medical marijuana, marriage equality, and environmental protection practices. Along with his polices and why you should not vote for him, the site allows visitors to donate their time or money to efforts opposing Steve Cooley. Equipped with three animated videos, the site clearly sets forth that Cooley is bad news for California.

The race is close, and is likely to stay that way through November 2nd. Cooley’s opponent is San Francisco District Attorney Kamala Harris, who is a continued supporter of medical marijuana and equal rights.

Check out NotCooley.com for more information.