News
Release
FOR IMMEDIATE RELEASE
June 6, 2002
HIGH
COURT UPHOLDS MARIJUANA AS DANGEROUS DRUG
The United States
Court of Appeals for the District of Columbia Circuit issued a ruling
on May 24, 2002, upholding DEA's determination that marijuana must remain
a schedule I controlled substance. The Court of Appeals rejected an appeal
filed by High Times Magazine and Jon Gettman, who contended that
marijuana does not meet the legal criteria for classification in schedule
I, the most restrictive schedule under the Controlled Substances Act.
DEA Administrator Asa
Hutchinson stated: "This is an important ruling because it leaves
in place a sound decision made by DEA, in consultation with the U.S. Department
of Health and Human Services (HHS), that there is no basis to remove marijuana
from schedule I. Current medical and scientific evidence continues to
demonstrate that marijuana has a high potential for abuse and no safe
and effective medical use."
Mr. Gettman petitioned
DEA in 1995 to remove marijuana from schedule I. Under the Controlled
Substances Act, schedule I substances must meet three strict criteria.
These substances must have: no accepted medical use in treatment in the
United States, a lack of accepted safety for use under medical supervision,
and a high potential for abuse. Mr. Gettman and High Times Magazine
sought through their petition to move marijuana to a schedule where it
may be prescribed by physicians for medical use.
Administrator Hutchinson
explained the importance of accurate drug scheduling: "Drugs sold
lawfully in the United States are the safest in the world. This is because
our nation, through its laws, insists on careful deliberation before allowing
drugs to be sold as medicine. To date, marijuana does not meet the scientific
requirements."
In accordance with
Federal law, DEA referred the petition to the HHS for a scientific and
medical evaluation. After conducting an extensive evaluation, the FDA
advised DEA that current scientific and medical evidence demonstrates
that marijuana continues to meet all three statutory criteria for placement
in schedule I.
DEA agreed with the
HHS's conclusions and denied the petition to reschedule marijuana saying
that the evidence overwhelmingly leads to the conclusion that marijuana
has a high potential for abuse. DEA's denial of the petition, along with
the complete details of the medical and scientific findings made by DEA
and the HHS, were published April 18, 2001, in the Federal Register (volume
66, page 20038).
Following DEA's denial
of their petition, Mr. Gettman and High Times Magazine appealed
to the United States Court of Appeals for the D.C. Circuit. The D.C. Circuit
rejected the appeal on May 24, 2002, holding that Mr. Gettman and High
Times Magazine lack standing to appeal under the United States Constitution.
The Court's ruling lets stand DEA's denial of the petition to reschedule
marijuana. |