Court Date Set For Groundbreaking Cannabis Lawsuit Against Jeff Sessions, DOJ, DEA, and Others

in cannabis •  11 months ago


Several months ago, a lawsuit was launched against Attorney General Jeff Sessions, and the Department of Justice, along with the acting head of the DEA, Charles Rosenberg, as well as the DEA itself and the United States of America.

And there are millions of people who could stand to benefit if this team pulls off a win against the current CSA scheduling.

The legal team behind this fight are working on the case pro bono and they hope that it will be a groundbreaking win for cannabis users all over the country; helping to dissolve the nonsensical scheduling that currently surrounds cannabis under federal law.

The case involves 5 plaintiffs:

  • a 12 year old girl with epilepsy by the name of Alexis Bortell (her father Dean Bortell is also named as her guardian)
  • a military veteran (Jose Belen) who conducted 2 tours in Iraq and now suffers with PTSD
  • a former NFL player who played for the San Francisco 49ers (Marvin Washington)
  • a 6 year old child (Jagger Cotte) who suffers from Leigh's Disease.
  • The non-profit Cannabis Cultural Association

With their case, they are looking to argue that the current standing on cannabis, via the Controlled Substances Act (CSA) classifying it as a Schedule 1 substance, violates numerous Constitutionally-protected rights.


The team behind the fight insist that the current standing on cannabis is one that's predicated on lies and they believe that there is more than enough evidence to support the notion that cannabis can and has been used for medicinal purposes and other reasons.

The current standing that the CSA takes on cannabis makes absolutely zero sense they say and that the government's views and actions tell a conflicting story.

For example, the government might say that it's a dangerous drug, but yet they hold a patent on cannabis as a treatment for various diseases. So it makes no sense for the government to classify the plant as they continue to do. And for the government to continue insisting that there is not medicinal purposes for cannabis only makes them look even more foolish than they already do.

Despite who wins the case,..

it's expected that either party will appeal the decision if it doesn't go in their favor.

the government has already tried to have it dismissed, but in September a court denied their motion.

They in-turn granted discovery and ordered an expedited trial date. Bortell, the 12 year old with epilepsy, recently posted to her social media that she finally received a federal court date and it's going to be on Feb 14th of this year. She's calling it an early Valentine's Day gift.

That court date: February 14, 2018 @ 2:30 pm. Location: U.S. Courthouse - Southern District of New York 500 Pearl Street in Courtroom 14D.

Suffering Because Of Prohibition

A tremendous amount of suffering has occurred because of the ridiculous criminalization of cannabis that continues to take place.

Families have been split apart over cannabis, children have been taken away and put into foster care, people have been locked up in cages for decades over something that didn't involve the property of any other person—no victim, no crime.

The plaintiffs in this case are arguing that the current CSA cannabis standing causes them suffering and they have to endure additional harm because of the severe restrictions and prohibition that's in place.

They say that the CSA has wrongfully and unconstitutionally criminalized the possession, sale, distribution, and cultivation, of cannabis.

There are many people out there today who use cannabis for medicinal purposes require it on a regular basis and the remaining criminalization of cannabis puts them in danger of having violence initiated against them for simply trying to medicate themselves.

For example, one of the plaintiffs in the case, 12 year old Bortell, she is originally from Texas but she had to move to Colorado-referring to herself as a cannabis refugee-in order to access the medicine that she needed.

Her grandparents live back in Texas and she isn't able to visit them, or if she does she isn't allowed to bring her medication with her. She has to choose between suffering or seeing her grandparents and it shouldn't have to be that way.

Cannabis helps millions of people every day and yet people suffering like Bortell still need to endure such an uphill battle just to try and gain some quality of life for themselves; because there are some bureaucrats out there who remain convinced that we should be telling people what they can or can't be allowed to put into their own bodies. It's time to turn the page and hopefully this case will do what it can to urge Sessions and other anti-cannabis advocates to employ reason in this matter.

Pics:
via portlandmercury.com
CBS News via Care2.com
via allnaturalwarrior.com
via greendorphin.com

Sources:
http://abcnews.go.com/US/jeff-sessions-sued-12-year-girl-epilepsy-legalize/story?id=51098947
https://www.rollingstone.com/culture/features/how-a-12-year-old-girl-could-help-end-weed-prohibition-w507833
https://www.facebook.com/HealAlexis/
http://www.washingtonexaminer.com/jeff-sessions-named-in-federal-lawsuit-challenging-marijuanas-schedule-i-status/article/2629670
https://www.inquisitr.com/4668391/attorney-general-jeff-sessions-is-being-sued-by-12-year-old-girl-over-medical-marijuana-policy/
https://abovethelaw.com/2017/11/is-this-the-lawsuit-that-will-bring-medical-marijuana-legal-across-the-nation/?rf=1
https://www.scribd.com/document/358170685/Federal-lawsuit-Marijuana-Should-Not-Be-Schedule-1
https://www.pacermonitor.com/public/case/22047318/Washington_et_al_v_Sessions_et_al
https://www.washingtonpost.com/news/early-lead/wp/2017/07/25/a-former-jets-player-is-suing-jeff-sessions-to-legalize-marijuana/?utm_term=.ec8d301ea963
http://www.dailymail.co.uk/news/article-5194345/Medicines-responsible-deaths-illegal-drugs.html
http://www.businessinsider.com/painkillers-kill-more-americans-than-heroin-and-cocaine-2012-9
https://www.eurekalert.org/pub_releases/2015-03/ama-lht032415.php
http://www.nytimes.com/2008/06/14/us/14florida.html?mtrref=www.google.ca&gwh=4D9E97117380C2CF59A41C2053AC9B77&gwt=pay

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and when you think of it, isn't it horrifying that people need to justify to the authorities why they should be permitted to use something? stepping back, and looking at the entire system and how it chains us, is truly frightening but invisible to most people. We should be able to say: I don't care what you think of the benefits or drawbacks, I never gave you the right to decide what you think is better for me, I have the right to use it because I want to and because my use of it impacts only me!

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Smoke a joint and get criminalised, abort babies and get to "it's her body she should have the freedom to do what she wants".

I hope they win. I hope Sessions loses. The use of Cannabis has incredible benefits for certain populations (Epilepsy sufferers and Dravet Syndrome sufferers, among many others). The government has no business getting involved in the healthcare decisions of those who want to use a plant--something that grows out of the ground.

I hope the lawsuit is successful! There is nothing good that can come from the prohibition of cannabis. I don't understand whose side Jeff Sessions even thinks he's on when he's going against the wishes of 2/3 of the country.

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Big business. Pharmaceutical and prisons that’s whose side.

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Which pharmaceutical is trying to keep mariguana prohibited ?

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Well, yeah. I guess I meant I don't know why he thinks he can get away with it, but the reason for that is it's been working for so long that he's probably just not worried about anyone being able to stop him.

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It's already successful. The suit being brought up and not dismissed, it's an open and shut case with a mere two sheets of paper, if they wanted to do it that way. Which they might!

Very well put together! Thank you for this coverage! Followed and resteemed!!

I don't use cannabis. I don't use tobacco. I don't believe in prohibition of either.

Sessions is a douche. If he is deliberately trying to stir the populace into a full on-civil war he is off to a good start.

Phil.jpg

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We aren't far from a revolution, more and more people are just plain sick and tired of criminals and pedophiles running government.

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A lot of talking heads keep preaching a non-violent revolution. (read: vote them out)
I really don't think that is gonna work.

When the masses literally Eat The Rich......they will start with our elitist hypercritical overlords......... Who passed laws that apply to us and not to them.

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You mean you’re not Phil Collins.

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No. I actually had to specify that.

Cannabis should be legally all over the world.. Way way better and healty then alcohol.. That's for sure.. Thanks 🙏

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I am in total agreement!

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It will happen it have to ✌️

My calendar is marked. I will be ready on February 14th with a giant bowl...of popcorn as I watch the beginning of this crucial battle unfold.

For a medical purposes, this should be 100% alowed. I have never heard of any case which would harm the person taking marijuana for medical reasons. There are much more harmful drugs being legal. The main reason I guess is people can grow it themself without any pharmacy or government being involved.

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So if someone wants to sit in their room and use cannabis recreationally after a long day to try & relax, or for whatever reason, other people should have the right to use violence to stop them ???? seems a bit...uncivilized to say the least.

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I got your point.
My point is a use for medical reasons. There are about 20 states not allowing even for medical purposes.

It;s ridiculous this plant is still illegal in 2018, while much more dangerous things like alcohol and tobacco are available everywhere

This is the real start of the Cannabis Crusade #cannabiscrusade

States LOVE the taxes. So unless Uncle Sam puts up same or more, he can shut up.

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more funding for the beast to put towards debt to the fed 👍😂

This is definitely interesting. More and more states are legalizing, yet the Fed says "Hell No!". Somethings gotta give... Right? I think ultimately, as more and more states legalize, the Fed will eventually have no choice but to give in and legalize, or at the very least leave it up to the states.

Re-steemed and Upvoted dude!

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thanks for the support rook!

Great informational post. I am glad to see this kind of stance against the CSA. The current state of the law is more politically backed then its medically. From a medical stand-point there is no reason what so ever that marijuana should be listed as a schedule I drug. It really shouldn't be scheduled at all. I hope they pull a win over the DOJ & DEA. Hopefully, our children will be looking back learning about this in school much the same way we've learned about the alcohol prohibition.

The US Congress is supposed to lead, instead they leave it up to the States and allow a difficult legal situation to arise. The least Congress should do is to pass a law allowing States to legalize drugs if they chose to do so. You all know how politics works, that way they could play moral apostle and pass blame to some Governour if things get out of hand.

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yup! always someone else's problem, though apparently there isn't a single member of congress who has released a statement in support of sessions and his plan to crackdown, so at least there's that 👍

Now, this will be a very interesting case. Fun Fact: the Controlled Substances Act replaced the Marihuana Tax Act of 1937 after Tim Leary got it shot down by the Supreme Court in 1969.

Leary v. United States.

Interestingly, the Supreme Court agreed with Leary's Fifth-Amendment reasoning. Also interesting: it took no less than thirty-two years before the Tax Act was shot down.

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What was the Mariguana Tax Act of 1937, and why was it replaced by the Controlled Substances Act ? Which took away more of American's freedom?

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Didn't you click the links?

Each personal position can be respected, I personally think that it is a double-edged sword, on the one hand there is the medical side by necessity, on the other the libertinism. Can it be a door that opens to the future, what happens to the sick who need to use it for medicinal purposes ?, but it can also be a door that opens to other things, what does it follow? the abortion? Pedophilia ?. If the fact is that everyone does what they want then I think we will have a future not like the one we dream of. It is a delicate subject that there is still a lot of fabric to be cut.

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I've never heard of anyone blaming abortion and pedophilia on cannabis?... cannabis has shown to decrease crime, not fuel it. Perhaps you're thinking of alcohol? if anything

" If the fact is that everyone does what they want then I think we will have a future not like the one we dream of."

You don't think human beings should be free? Why shouldn't people be allowed to do what they want so long as they are not harming anyone else or their property? If they are siting alone peacefully in their room consuming cannabis, why is that your business or anyone elses?

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Yes, I think my message is decontextualized or I do not explain myself well, I am not saying that cannabis is the cause of what I have named before, nor am I associating them. I refer to a broader issue such as the complacency of each request of the human being. And if I believe in the freedom of human thought and freedom, and that our rights must be broad. Our right ends at the moment we violate the right to others. regards

I hope they win. I hope Sessions loses. The use of Cannabis has incredible benefits for certain populations (Epilepsy sufferers

Good post, thanks for sharing 🤙

Planning to grow cannabis on my back yard. Soon it's going to be legal worldwide or atleast half of the world will legalize it.
Time to invest in weed cryptocurrency such as potcoin,hempcoin and cannacoin.
Am pretty sure once weed is legal, their prices will shoot up. Depends with whether bitcoin survives cause lately i don't like that price chart at all.

good post !!!

Dammned fine article, thanks!

This could be a turning point if it all goes well.

herb is healing our nation ..

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no one can hide the truth for very long! thankyou doitvoluntarily x

need more of this,more people who understand jury nullification,and more people write reps,vote out the Rep/Dem and clean house!
Namaste!

Thanks for the update, looking forward to seeing how this case progresses!

the fact that some families have to completely uproot their lives and move to a state that medical marijuana is legal for their child to get the medicine they need to life a healthy and functional life is fucking insane and morally corrupt.

Thanks for sharing this informative news @doitvoluntarily

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thanks for stopping by @isabellalily :)

This is the best post on Steemit upvote me.