A judge for the Federal District Court in Manhattan heard arguments Wednesday in a lawsuit filed by a legal team including New York attorney Michael Hiller, NORML Legal Committee member Joseph Bondy and Empire State NORML Director David Holland, challenging the constitutionality of federal cannabis prohibition.
The 98-page complaint contends that the federal government “does not believe, and upon information and belief never has believed” that cannabis meets the requirements for a Schedule I designation under the Controlled Substances Act. It further argues that current administrative mechanisms in place to allow for the reconsideration of cannabis Schedule I classification are “illusory.”
A judge for the Federal District Court in Sacramento heard similar arguments in a 2014 legal challenge, also spearheaded by members of the NORML Legal Committee, but ultimately rejected them – opining: “At some point in time, a court may decide this status to be unconstitutional. But this is not the court and not the time.”
Plaintiffs in the current lawsuit include a former NFL football player, a disabled military veteran, two children with severe movement disorders, and the non-profit group, the Cannabis Cultural Association. Plaintiffs argue that federal prohibition violates their civil and constitutional liberties, including their right to freely travel within the United States. They also argue that the federal prohibition of cannabis is “grounded in discrimination and [is] applied in a discriminatory manner.”
Lawyers for the Justice Department argued on Wednesday for a dismissal of the suit, opining: “There is no fundamental right to use marijuana, for medical purposes or otherwise. Because such a right is not ‘implicit in the concept of ordered liberty’ or ‘deeply rooted in this Nation’s history,’ the Court should reject such a claim.” The judge in the case failed to immediately rule on the government’s motion.