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Title: Obama’s DEA Makes Me Embarrassed to Be Ruled By Fools
Source:
Activist Post
URL Source: http://www.activistpost.com/2016/08 ... ssed-to-be-ruled-by-fools.html
Published: Aug 12, 2016
Author: Eric Blair
Post Date: 2016-08-12 23:54:12 by Deckard
Keywords: None
Views: 421
Comments: 3
By Eric Blair The Drug Enforcement Agency is a joke. Once again they have declined to reschedule cannabis. They still claim it has no medical uses despite the overwhelming evidence. They still liken it to heroin or LSD. As reported by McClatchy News: Delivering a big blow to backers of pot legalization, the Obama administration said Thursday that it would keep marijuana classified as one of the nation’s most dangerous drugs, similar to heroin and LSD. The long-awaited decision by the U.S. Drug Enforcement Administration keeps intact a 1970 law that lists marijuana as Schedule 1 drug, one defined as having no medical value. That runs counter to decisions made by 26 states that have already approved use of the drug as medicine. We can already buy cannabis in strip malls. We know what the herb does to us. Its effects are not a fucking mystery to be solved by men with lab coats or men with machine guns. You look foolish. You look incompetent. You look like petty tyrants desperate to justify your usefulness. It’s embarrassing and unacceptable. You are not fit to control a domestic army. You are either demented or paid to be wrong. In either case, you’re not fit to rule over free people. You’re a fucking disgrace to an intelligent society. Your stated goal of “eradicating” cannabis is a laughable failure. You’ve spent a trillion dollars already and ruined countless lives with your terrorism. Yet you’ll probably go on blaming a lack of resources for your patheticness. But I have good news for you. Your guilty conscience from kidnapping peaceful gardeners and destroying property is coming to an end. This week, according to Gallup, the number of American adults to admit regular use of cannabis doubled to 13% of the population while those whom admitted trying it rested at 43%. Last week, for the first time ever, a poll of Republican voters showed majority support for full marijuana legalization. And a 2015 Gallup poll showed that 58% of the general public supports ending the prohibition of marijuana. Your days are numbered! It’s best that you go quietly. In peace and liberty, Eric
Earth to the DEA:
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#1. To: Deckard (#0)
It's dangerous because studies have shown that the second-hand smoke causes cancer, warts, blindness and psychosis. It's worse than cigarettes! (Hey, if the author can lie, so can I.)
He didn't - see libertysflame.com/cgi-bin/readart.cgi? ArtNum=47396&Disp=11#C11 A government strong enough to impose your standards is strong enough to ban them. It is Federal law enacted by Congress and an international treaty. The DEA is required, by law, to maintain marijuana as a scheduled drug. http://law.justia.com/codes/us/2014/title-21/chapter-13/subchapter-i/part-a/sec.-801/ §801. Congressional findings and declarations: controlled substances The Congress makes the following findings and declarations: (1) Many of the drugs included within this subchapter have a useful and legitimate medical purpose and are necessary to maintain the health and general welfare of the American people. (2) The illegal importation, manufacture, distribution, and possession and improper use of controlled substances have a substantial and detrimental effect on the health and general welfare of the American people. [...] (7) The United States is a party to the Single Convention on Narcotic Drugs, 1961, and other international conventions designed to establish effective control over international and domestic traffic in controlled substances. (Pub. L. 91–513, title II, §101, Oct. 27, 1970, 84 Stat. 1242.) - - - - - - - - - - http://law.justia.com/codes/us/2014/title-21/chapter-13/subchapter-i/part-b/sec.-812/ §812. Schedules of controlled substances (a) Establishment There are established five schedules of controlled substances, to be known as schedules I, II, III, IV, and V. Such schedules shall initially consist of the substances listed in this section. The schedules established by this section shall be updated and republished on a semiannual basis during the two-year period beginning one year after October 27, 1970, and shall be updated and republished on an annual basis thereafter. (b) Placement on schedules; findings required Except where control is required by United States obligations under an international treaty, convention, or protocol, in effect on October 27, 1970, and except in the case of an immediate precursor, a drug or other substance may not be placed in any schedule unless the findings required for such schedule are made with respect to such drug or other substance. The findings required for each of the schedules are as follows: (1) Schedule I.— (A) The drug or other substance has a high potential for abuse. (B) The drug or other substance has no currently accepted medical use in treatment in the United States. (C) There is a lack of accepted safety for use of the drug or other substance under medical supervision. As for the DEA, they stated: 1) Marijuana has a high potential for abuse. The HHS evaluation and the additional data gathered by DEA show that marijuana has a high potential for abuse. 2) Marijuana has no currently accepted medical use in treatment in the United States. Based on the established five-part test for making such determination, marijuana has no ‘‘currently accepted medical use’’ because: As detailed in the HHS evaluation, the drug’s chemistry is not known and reproducible; there are no adequate safety studies; there are no adequate and well-controlled studies proving efficacy; the drug is not accepted by qualified experts; and the scientific evidence is not widely available. 3) Marijuana lacks accepted safety for use under medical supervision. At present, there are no U.S. Food and Drug Administration (FDA)-approved marijuana products, nor is marijuana under a New Drug Application (NDA) evaluation at the FDA for any indication. The HHS evaluation states that marijuana does not have a currently accepted medical use in treatment in the United States or a currently accepted medical use with severe restrictions. At this time, the known risks of marijuana use have not been shown to be outweighed by specific benefits in well-controlled clinical trials that scientifically evaluate safety and efficacy. The statutory mandate of 21 U.S.C. 812(b) is dispositive. Congress established only one schedule, schedule I, for drugs of abuse with “no currently accepted medical use in treatment in the United States” and “lack of accepted safety for use under medical supervision.” 21 U.S.C. 812(b). Although the HHS evaluation and all other relevant data lead to the conclusion that marijuana must remain in schedule I, it should also be noted that, in view of United States obligations under international drug control treaties, marijuana cannot be placed in a schedule less restrictive than schedule II. This is explained in detail in the accompanying document titled "Preliminary Note Regarding Treaty Considerations." Accordingly, and as set forth in detail in the accompanying HHS and DEA documents, there is no statutory basis under the CSA for DEA to grant your petition to initiate rulemaking proceedings to reschedule marijuana. Your petition is, therefore, hereby denied. And, As the Controlled Substances Act (CSA) recognizes, the United States is a party to the Single Convention on Narcotic Drugs, 1961 (referred to here as the Single Convention or the treaty). 21 U.S.C. 801(7). Parties to the Single Convention are obligated to maintain various control provisions related to the drugs that are covered by the treaty. Many of the provisions of the CSA were enacted by Congress for the specific purpose of ensuring U.S. compliance with the treaty. Among these is a scheduling provision, 21 U.S.C. 811(d)(1). Section 811(d)(1) provides that, where a drug is subject to control under the Single Convention, the DEA Administrator (by delegation from the Attorney General) must “issue an order controlling such drug under the schedule he deems most appropriate to carry out such [treaty] obligations, without regard to the findings required by [21 U.S.C. 811(a) or 812(b)] and without regard to the procedures prescribed by [21 U.S.C. 811(a) and (b)].” Marijuana is a drug listed in the Single Convention. The Single Convention uses the term “cannabis” to refer to marijuana.1 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.”2 Id. Therefore, in accordance with section 811(d)(1), DEA must place marijuana in either schedule I or schedule II. Because schedules I and II are the only possible schedules in which marijuana may be placed, for purposes of evaluating this scheduling petition, it is essential to understand the differences between the criteria for placement of a substance in schedule I and those for placement in schedule II. These criteria are set forth in 21 U.S.C. 812(b)(1) and (b)(2), respectively. As indicated therein, substances in both schedule I and schedule II share the characteristic of “a high potential for abuse.” Where the distinction lies is that schedule I drugs have “no currently accepted medical use in treatment in the United States” and “a lack of accepted safety for use of the drug . . . under medical supervision,” while schedule II drugs do have “a currently accepted medical use in treatment in the United States.” Accordingly, in view of section 811(d)(1), this scheduling petition turns on whether marijuana has a currently accepted medical use in treatment in the United States. If it does not, DEA must, pursuant to section 811(d), deny the petition and keep marijuana in schedule I. As indicated, where section 811(d)(1) applies to a drug that is the subject of a rescheduling petition, the DEA Administrator must issue an order controlling the drug under the schedule he deems most appropriate to carry out United States obligations under the Single Convention, without regard to the findings required by sections 811(a) or 812(b) and without regard to the procedures prescribed by sections 811(a) and (b). Thus, since the only determinative issue in evaluating the present scheduling petition is whether marijuana has a currently accepted medical use in treatment in the United States, DEA need not consider the findings of sections 811(a) or 812(b) that have no bearing on that determination, and DEA likewise need not follow the procedures prescribed by sections 811(a) and (b) with respect to such irrelevant findings. Specifically, DEA need not evaluate the relative abuse potential of marijuana or the relative extent to which abuse of marijuana may lead to physical or psychological dependence. As explained below, the medical and scientific evaluation and scheduling recommendation issued by the Secretary of Health and Human Services concludes that marijuana has no currently accepted medical use in treatment in the United States, and the DEA Administrator likewise so concludes. For the reasons just indicated, no further analysis beyond this consideration is required. Nonetheless, because of the widespread public interest in understanding all the facts relating to the harms associated with marijuana, DEA is publishing here the entire medical and scientific analysis and scheduling evaluation issued by the Secretary, as well as DEA's additional analysis.
"the Obama administration said Thursday that it would keep marijuana classified as one of the nation’s most dangerous drugs, similar to heroin and LSD."
#2. To: misterwhite (#1)
(Hey, if the author can lie
#3. To: Deckard (#0)
The Drug Enforcement Agency is a joke. Once again they have declined to reschedule cannabis. They still claim it has no medical uses despite the overwhelming evidence. They still liken it to heroin or LSD.
21 U.S.C. § 801 (2014)
21 U.S.C. § 812 (2014)
Based on the HHS evaluation and all other relevant data, DEA has concluded that there is no substantial evidence that marijuana should be removed from schedule I. A document prepared by DEA addressing these materials in detail also is attached hereto. In short, marijuana continues to meet the criteria for schedule I control under the CSA because:
Preliminary Note Regarding Treaty Considerations
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