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Federal Government Pressed On Legal Status of Marijuana & Related Products

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In late May, a Federal appeals court reinstated the case brought against the federal government concerning the Schedule I status of marijuana. Plaintiffs argue that marijuana continuing to be regulated as a Schedule I drug under the Controlled Substances Act risks their health and perpetuates economic inequities.

Meanwhile, in response to the New York health department’s ban on CBD, city lawmakers are gearing up to fight, arguing that, if marijuana is to be legalized and/or decriminalized, so should CBD, and a number of companies and other advocates are pushing the Food and Drug Administration (FDA) to also legalize CBD at the federal level. Amongst the many pro- arguments presented, some have pointed out that, by CBD being unregulated, public health is at risk from people being potentially poisoned by unregulated products.

Federal Appeals Court Orders Federal Government to Reassess Illegality of Marijuana

Marijuana is still part of the group of drugs that are considered to have no accepted medical use, no accepted safety for use under medical supervision, and a significant potential for abuse, placing it next to heroin and LSD. In other words, it is still classified as a more dangerous drug than even Fentanyl and Oxycodone.

The case filed was originally dismissed by the court due to it finding that plaintiffs had not exhausted all administrative channels, such as trying to address the issue via legislation; through Congress. However, the Court of Appeals reopened case, deciding to reinstate it due to the health concerns of two of the minor plaintiffs involved, who allege that it’s scheduling is now posing a serious life and death threat to their health. As a result of the ruling, the Drug Enforcement Administration (DEA) has been told to act with “all deliberate speed” in reassessing illegality of marijuana and considering settling the case.

CBD Advocates Work To Legalize Products In New York & Throughout Country

Oversight of CBD is complex and involves not only the Drug Enforcement Administration (DEA) regulating the growing and processing of marijuana for medical research, but also the Food and Drug Administration (FDA), which regulates drugs, dietary supplements, and foods that have CBD ingredients in them. The agency now appears to be embarking on what will inevitably become a long path towards finding a legal solution to offer these products. 

Contact Our New York & New Jersey Drug Crime Defense Attorneys

If you have any questions about the status of marijuana and the legalization or decriminalization of related products at the federal level, contact our New York criminal defense attorneys at the office of Phillip J. Murphy today for assistance. Drug-related offenses in New York, New Jersey, and at the federal level are still very common, and having the conviction can carry very serious consequences.

Resources:

forbes.com/sites/javierhasse/2019/05/31/federal-appeals-court-rules-dea-federal-govt-must-promptly-reassess-marijuanas-illegality/#704f16347be9

nypost.com/2019/06/01/cannabis-oil-prompts-debate-about-ny-marijuana-legalization/

https://www.phillipmurphylawyer.com/major-announcements-regarding-decriminalization-of-marijuana-in-new-jersey-new-york/

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Phillip J. Murphy,
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Phillip J. Murphy, Attorney At Law is located in New City, New York and serves clients in and around New York, New Jersey & Connecticut. Contact our experienced criminal defense law firm.
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