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Title: Washington Tells DEA to Shove It, Will Conduct Cannabis Research in Violation of the Law
Source: Activist Post
URL Source: http://www.activistpost.com/2016/08 ... research-violation-of-law.html
Published: Aug 27, 2016
Author: Justin Gardner
Post Date: 2016-08-27 17:11:00 by Deckard
Keywords: None
Views: 6423
Comments: 42

dea-washington

By Justin Gardner

Earlier this month, the DEA proved its utter detachment from reality – and its subservience to Big Pharma – by maintaining the classification of cannabis as a Schedule 1 drug. This means, according to their classification system, it has “no currently accepted medical use and a high potential for abuse.”

The decision was a surprise to many who were expecting the agency to acknowledge the 21st century body of scientific evidence on cannabis’ medicinal value, and the real-life stories of people cured through this plant. The Free Thought Project has documented many examples of children suffering from constant epileptic seizures, who, after receiving CBD treatment (an extract of cannabis), experience a dramatic reduction in seizures and gain a quality of life like never before.

The DEA’s tyrannical chokehold on the wondrous potential of medical cannabis is downright criminal.

In a review of the evidence, published on the U.S. government’s own National Institutes of Health, researchers concluded:

Based on evidence currently available the Schedule I classification is not tenable; it is not accurate that cannabis has no medical value, or that Information on safety is lacking.

The good news is, hardly anyone really cares what the DEA thinks. Civil disobedience is happening all over the country as individuals and even state governments recognize the injustice of cannabis prohibition. In a heartening example, one brave Georgia lawmaker admitted that he goes to Colorado to secure medical grade cannabis and brings it back to treat sick children in his own state.

Soon after the DEA gave its decision, Washington state – which has legalized the recreational and medicinal use of cannabis – announced perhaps the boldest act of defiance yet.

As The News Tribune reported:

Washington state is moving ahead with its plans to allow scientific research of marijuana, sidestepping federal rules that critics say have hampered study of the drug for decades.

The state has a new marijuana research license that will allow laboratories to grow marijuana for scientific study. State officials expect to start accepting applications for the new license by January.

The DEA says they “don’t have enough research” to say cannabis has medicinal value, but their own impossibly strict regulations have stifled research for decades. So Washington is directly addressing this disingenuous claim by paving the way for more research – and, very satisfyingly, giving the DEA the middle finger.

As Sam Méndez, executive director of the Cannabis Law & Policy Project at the University of Washington School of Law, points out: “It can take up to two years just to get the federal licenses in the first place, because the process is so long and onerous.”

And, when a researcher finally does get a federal license, the only place they can get research-grade cannabis is from the University of Mississippi. Further, when discoveries are made about the medicinal properties of cannabis, they cannot be applied to state-level systems.

Washington’s state licensing program will bypass these absurd hurdles, and will open the door for private research facilities to conduct research as well as state universities. Research-grade cannabis can be sourced from within the state from a variety of qualified producers.

The state Liquor and Cannabis Board is now setting up a scientific review panel to scrutinize applications for the new marijuana research license, a first step toward opening the door to applicants, said board spokesman Brian Smith.

The scientific review panel — made up of officials from Washington State University and the University of Washington — will evaluate the quality of proposed research projects, as well as whether applicants have the expertise and facilities to carry out the work.

After developing rules to govern the application process, the LCB expects to start soliciting applications at the start of 2017, with the first licenses to be issued sometime after that.

On the issue of cannabis, Washington gets full commendations for the rare act of “legislating” freedom by allowing recreational use of cannabis, and for breaking tyrannical barriers to a research on a plant with such medical promise.

It will soon join Israel as one of the world’s leading areas of medical cannabis research, and open the door for a thriving multi-million dollar industry which also serves the benefit of humanity.

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Begin Trace Mode for Comment # 39.

#38. To: Deckard (#0)

Earlier this month, the DEA proved its utter detachment from reality – and its subservience to Big Pharma – by maintaining the classification of cannabis as a Schedule 1 drug. This means, according to their classification system, it has “no currently accepted medical use and a high potential for abuse.”

Dopers once again proved their utter detachment from reality. The United States has been a party to the Single Convention on Narcotic Drugs for more than 50 years, along with almost the entire United Nations. As it is part of the Supreme Law of the United States, no agency can constitutionally regulate in violation of its terms. It cannot be made legal, or removed from the schedule of controlled substances except by act of Congress. DEA stated they lacked the authority to make the requested change.

The U.S. acceded to the original text of the Single Convention on Narcotic Drugs, an international treaty, on 25 May 1967. The U.S. acceded the 1972 Protocol on 1 November 1972.

https://www.unodc.org/pdf/convention_1961_en.pdf

Single Convention on Narcotic Drugs, 1961

As Amended by the 1972 Protocol amending the Single Convention on Narcotic Drugs, 1961

Canabis and Canabis resins are Schedule I drugs on the Revised Schedules including all amendments made by the Commission on Narcotics Drugs in Force as of 5 March 1990.

Article 23

NATIONAL OPIUM AGENCIES

1. A Party that permits the cultivation of the opium poppy for the production of opium shall establish, if it has not already done so, and maintain, one or more government agencies (hereafter in this article referred to as the Agency) to carry out the functions required under this article.

2. Each such Party shall apply the following provisions to the cultivation of the opium poppy for the production of opium and to opium:

a) The Agency shall designate the areas in which, and the plots of land on which, cultivation of the opium poppy for the purpose of producing opium shall be permitted.

b) Only cultivators licensed by the Agency shall be authorized to engage in such cultivation.

c) Each licence shall specify the extent of the land on which the cultivation is permitted.

d) All cultivators of the opium poppy shall be required to deliver their total crops of opium to the Agency. The Agency shall purchase and take physical possession of such crops as soon as possible, but not later than four months after the end of the harvest.

e) The Agency shall, in respect of opium, have the exclusive right of importing, exporting, wholesale trading and maintaining stocks other than those held by manufacturers of opium alkaloids, medicinal opium or opium preparations. Parties need not extend this exclusive right to medicinal opium and opium preparations.

3. The governmental functions referred to in paragraph 2 shall be discharged by a single government agency if the constitution of the Party concerned permits it.

- - - - - - - - - -

Article 28

CONTROL OF CANNABIS

1. If a Party permits the cultivation of the cannabis plant for the production of cannabis or cannabis resin, it shall apply thereto the system of controls as provided in article 23 respecting the control of the opium poppy.

2. This Convention shall not apply to the cultivation of the cannabis plant exclusively for industrial purposes (fibre and seed) or horticultural purposes.

3. The Parties shall adopt such measures as may be necessary to prevent the misuse of, and illicit traffic in, the leaves of the cannabis plant.

- - - - - - - - - -

https://en.wikipedia.org/wiki/Single_Convention_on_Narcotic_Drugs

Single Convention on Narcotic Drugs

The Single Convention on Narcotic Drugs of 1961 is an international treaty to prohibit production and supply of specific (nominally narcotic) drugs and of drugs with similar effects except under licence for specific purposes, such as medical treatment and research. As noted below, its major effects included updating the Paris Convention of 13 July 1931 to include the vast number of synthetic opioids invented in the intervening thirty years and a mechanism for more easily including new ones. From 1931 to 1961, most of the families of synthetic opioids had been developed, including drugs in whatever way related to methadone, pethidine, morphinans and dextromoramide and related drugs; research on fentanyls and piritramide was also nearing fruition at that point.

Earlier treaties had only controlled opium, coca, and derivatives such as morphine, heroin and cocaine. The Single Convention, adopted in 1961, consolidated those treaties and broadened their scope to include cannabis and drugs whose effects are similar to those of the drugs specified. The Commission on Narcotic Drugs and the World Health Organization were empowered to add, remove, and transfer drugs among the treaty's four schedules of controlled substances. The International Narcotics Control Board was put in charge of administering controls on drug production, international trade, and dispensation. The United Nations Office on Drugs and Crime (UNODC) was delegated the Board's day-to-day work of monitoring the situation in each country and working with national authorities to ensure compliance with the Single Convention. This treaty has since been supplemented by the Convention on Psychotropic Substances, which controls LSD, MDMA, and other psychoactive pharmaceuticals, and the United Nations Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances, which strengthens provisions against money laundering and other drug-related offenses.

As of February 2015, the Single Convention has 185 state parties. The Holy See plus all member states of the United Nations are state parties, with the exception of Chad, East Timor, Equatorial Guinea, Kiribati, Nauru, Samoa, South Sudan, Tuvalu, and Vanuatu.

nolu chan  posted on  2016-08-28   16:16:25 ET  Reply   Untrace   Trace   Private Reply  


#39. To: nolu chan (#38)

It cannot be made legal, or removed from the schedule of controlled substances except by act of Congress. DEA stated they lacked the authority to make the requested change.

The requested change was a rescheduling.

ConservingFreedom  posted on  2016-08-28   16:36:34 ET  Reply   Untrace   Trace   Private Reply  


Replies to Comment # 39.

#41. To: ConservingFreedom (#39)

It cannot be made legal, or removed from the schedule of controlled substances except by act of Congress. DEA stated they lacked the authority to make the requested change.

The requested change was a rescheduling.

It cannot be made legal, or rescheduled as requested except by act of Congress. DEA stated they lacked the authority to make the requested change.

DEA also stated,

Marijuana is a drug listed in the Single Convention. The Single Convention uses the term “cannabis” to refer to marijuana. Thus, the DEA Administrator is obligated under section 811(d) to control marijuana in the schedule that he deems most appropriate to carry out the U.S. obligations under the Single Convention. It has been established in prior marijuana rescheduling proceedings that placement of marijuana in either schedule I or schedule II of the CSA is “necessary as well as sufficient to satisfy our international obligations” under the Single Convention. NORML v. DEA, 559 F.2d 735, 751 (D.C. Cir. 1977). As the United States Court of Appeals for the D.C. Circuit has stated, “several requirements imposed by the Single Convention would not be met if cannabis and cannabis resin were placed in CSA schedule III, IV, or V.” Id. Therefore, in accordance with section 811(d)(1), DEA must place marijuana in either schedule I or schedule II.

The Treaty requires,

If a Party permits the cultivation of the cannabis plant for the production of cannabis or cannabis resin, it shall apply thereto the system of controls as provided in article 23 respecting the control of the opium poppy.

nolu chan  posted on  2016-08-29 02:38:00 ET  Reply   Untrace   Trace   Private Reply  


End Trace Mode for Comment # 39.

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