Medical marijuana users challenging its classification as a Schedule I drug must exhaust their administrative remedies before seeking judicial intervention, the Second Circuit said May 30.
But because it usually takes the Drug Enforcement Agency nine years to address reclassification requests, the opinion by Judge Guido Calabresi retained jurisdiction over the case in case DEA doesn’t “act with adequate dispatch.”
The plaintiffs have medical conditions that didn’t respond to conventional treatment. They have, however, gotten relief through the use of medical marijuana.
Because marijuana is a Schedule I drug under the Controlled Substance Act the plaintiffs can’t travel with it....