{"id":23684,"date":"2018-02-14T17:00:10","date_gmt":"2018-02-15T01:00:10","guid":{"rendered":"http:\/\/cannabiscultivatornews.com\/home\/index.php\/2018\/02\/14\/oral-arguments-heard-in-lawsuit-against-jeff-sessionss-pot-prohibition\/"},"modified":"2018-02-15T00:44:38","modified_gmt":"2018-02-15T08:44:38","slug":"oral-arguments-heard-in-lawsuit-against-jeff-sessionss-pot-prohibition","status":"publish","type":"post","link":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/2018\/02\/14\/oral-arguments-heard-in-lawsuit-against-jeff-sessionss-pot-prohibition\/","title":{"rendered":"Oral Arguments Heard in Lawsuit Against Jeff Sessions\u2019s Pot Prohibition"},"content":{"rendered":"<\/p>\n<h4>A federal case seeks to\u00a0deschedule\u00a0cannabis, but government lawyers are confident that the court will rule once again that if citizens\u00a0want marijuana legalization, they\u2019ll have to move through Congress.<\/h4>\n<hr \/>\n<p><span class=\"wpsdcp-drop-cap-default\">O<\/span>n Wednesday, attorneys presented their oral arguments in a lawsuit brought against embattled Attorney General Jeff Sessions and his prohibitionist Department of Justice.<\/p>\n<p>In the case, <i>Washington v. Sessions<\/i>, a collection of plaintiffs <a href=\"https:\/\/cannabisnow.com\/suing-safe-access-cannabis-prohibition-going-trial\/\">is challenging the constitutionality of the Controlled Substances Act<\/a>. Those plaintiffs include 12-year-old Alexis Bortell whose family moved from Texas to Colorado to treat her epilepsy with medical cannabis. Another plaintiff on the case is Marvin Washington, the former Super Bowl champion who has spent a lot of time advocating for medical marijuana in the NFL in recent years.<\/p>\n<p>At the end of today\u2019s oral arguments, which were presented in a Manhattan courthouse, the presiding judge on the case did not rule on a conclusion. A spokesperson for Judge Alvin Hellerstein, who is presiding over the case in the Southern District of New York,<a href=\"http:\/\/www.cannabisbusinesstimes.com\/article\/no-decision-cannabis-lawsuit-sessions\/\" target=\"_blank\" rel=\"noopener\"> confirmed to Cannabis Business Times<\/a> that no decision was reached today. The spokesperson wasn\u2019t able to provide much clarity on whether the ruling might happen in the next few days or not either.<\/p>\n<p dir=\"ltr\">Michael S. Hiller, an attorney for the plaintiffs, said in a statement after the oral arguments were heard today that his plaintiffs intended to see the case through to its conclusion, which suggests they are planning to appeal if the judge rules in favor of Jeff Sessions and the Department of Justice.<\/p>\n<p dir=\"ltr\">\u201cWe firmly believe the federal government is prostituting and perverting the Controlled Substances Act as well as blatantly criminalizing behavior that they themselves are inducing,\u201d said Hiller. \u201cWe look forward to standing on the right side of history and ensuring that cannabis is descheduled once and for all as well as to receiving Judge Hellerstein\u2019s decision, and moving the case forward.\u201d<\/p>\n<p>The <a href=\"https:\/\/www.cannacultural.org\" target=\"_blank\" rel=\"noopener\">Cannabis Cultural Association<\/a>, a nonprofit based out of New York helping marginalized and underrepresented communities engage in the legal cannabis industry, is also a co-plaintiff in the case. The association is using their role in the case to emphasize criminal justice reform, access to medical cannabis and adult use legalization across the board.<\/p>\n<p>\u201cWe look forward to receiving the judge\u2019s decision and moving the case forward. This is not just about cannabis, this is a human rights issue,\u201d CCA Co-founder and Deputy Director Jake Plowden told Cannabis Now following today\u2019s oral arguments. \u201cMoving this case forward could mean the descheduling of cannabis and ultimately ending global cannabis prohibition starting in its birthplace: America.\u201d<\/p>\n<blockquote>\n<p>The case has gained national attention since it was initially filed last July, especially since Sessions <a href=\"https:\/\/cannabisnow.com\/jeff-sessions-rescinds-obama-era-pot-protections\/\">moved in early January to revoke the Cole Memo\u2019s policy<\/a> of leaving state-compliant cannabis businesses alone under specific circumstances.<\/p>\n<\/blockquote>\n<p><a href=\"https:\/\/www.nytimes.com\/2018\/02\/13\/nyregion\/marijuana-lawsuit-trump-sessions.html\" target=\"_blank\" rel=\"noopener\">According to the New York Times<\/a>, the plaintiff\u2019s <a href=\"http:\/\/www.hillerpc.com\/wp-content\/uploads\/2017\/07\/Filed-Complaint-with-Dkt.-No.pdf\" target=\"_blank\" rel=\"noopener\">98-page complaint filing<\/a> includes arguments that are all-encompassing. \u201dThe suit presents its case for legalization not only through a host of constitutional arguments, but also by way of a world-historical tour of marijuana use \u2014 from its first purported role 10,000 years ago in the production of Taiwanese pottery to the smoking habits of President Barack Obama in his younger days,\u201d the Times reported.<\/p>\n<p>The trip through pot history also made stops in Egypt, Thomas Jefferson\u2019s Monticello plantation, and even an appearance by Roger Stone, the infamous Trump advisor who supports cannabis legalization.<\/p>\n<p>In the past, courts have always tossed these kinds of attempts to question the legality of America\u2019s drug scheduling process. But this time, it\u2019s different \u2014 at least in the eyes of the plaintiff\u2019s attorney Joseph A. Bundy.<\/p>\n<p>\u201cIt\u2019s the first time a young child who needs life-saving medicine has stood up to the government to be able to use it,\u201d Bondy told the Times. \u201cIt\u2019s the first time that a group of young millennials of color has stood up to the government and said the marijuana law is wrong and has destroyed their communities.\u201d<\/p>\n<p>The government, of course, appears to believe that the lawsuit has no legs. The government\u2019s attorneys have argued that if the plaintiffs want to deschedule cannabis, they need to get Congress to pass a new law.<\/p>\n<p>In the end, the government\u2019s lawyers told the Times that to the reality of this case is that it\u2019s just \u201cthe latest in a long list of cases asserting constitutional challenges to marijuana regulation under the CSA. Those challenges have been uniformly rejected by the federal courts.\u201d<\/p>\n<p><b>TELL US,<\/b> do you think this lawsuit could lead to the descheduling of cannabis?<\/p>\n<p>The post <a rel=\"nofollow\" href=\"https:\/\/cannabisnow.com\/oral-arguments-heard-lawsuit-jeff-sessionss-pot-prohibition\/\">Oral Arguments Heard in Lawsuit Against Jeff Sessions\u2019s Pot Prohibition<\/a> appeared first on <a rel=\"nofollow\" href=\"https:\/\/cannabisnow.com\">Cannabis Now<\/a>.<\/p>\n<p>&#013;<br \/>\n&#013;<br \/>\nRead More: <a href=\"https:\/\/cannabisnow.com\/oral-arguments-heard-lawsuit-jeff-sessionss-pot-prohibition\/\" target=\"_blank\">Oral Arguments Heard in Lawsuit Against Jeff Sessions\u2019s Pot Prohibition<\/a><\/p>\n","protected":false},"excerpt":{"rendered":"<p>A federal case seeks to\u00a0deschedule\u00a0cannabis, but government lawyers are confident that the court will rule once again that if citizens\u00a0want marijuana legalization, they\u2019ll have to move through Congress. On Wednesday, attorneys presented their oral arguments in a lawsuit brought against embattled Attorney General Jeff Sessions and his prohibitionist Department of<span class=\"more-link\"><a href=\"https:\/\/cannabiscultivatornews.com\/home\/index.php\/2018\/02\/14\/oral-arguments-heard-in-lawsuit-against-jeff-sessionss-pot-prohibition\/\">Continue Reading<\/a><\/span><\/p>\n","protected":false},"author":7,"featured_media":0,"comment_status":"false","ping_status":"open","sticky":false,"template":"","format":"standard","meta":[],"categories":[50,80,96,81,3329],"tags":[],"_links":{"self":[{"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/posts\/23684"}],"collection":[{"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/users\/7"}],"replies":[{"embeddable":true,"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/comments?post=23684"}],"version-history":[{"count":1,"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/posts\/23684\/revisions"}],"predecessor-version":[{"id":23685,"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/posts\/23684\/revisions\/23685"}],"wp:attachment":[{"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/media?parent=23684"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/categories?post=23684"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/tags?post=23684"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}