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originally posted by: Xcathdra
I get it that people are pissed at the federal government and I am one of them. I just think we have not exhausted all legal means to fix the problem. The silver bullet is for people to vote.
In the words of the comedian Gabriel Iglesias
PART B - AUTHORITY TO CONTROL; STANDARDS AND SCHEDULES
§ 811. Authority and criteria for classification of substances.
....... the Attorney General may by rule -
(1) add to such a schedule or transfer between such schedules any drug or other substance if he -
(A) finds that such drug or other substance has a potential for abuse, and
(B) makes with respect to such drug or other substance the findings prescribed by subsection (b) of section 812 of this title for the schedule in which such drug is to be placed; or
(2) remove any drug or other substance from the schedules if he finds that the drug or other substance does not meet the requirements for inclusion in any schedule.
Despite medical cannabis laws in 40 states, cannabis is still illegal under federal law. The federal government regulates drugs through the Controlled Substances Act (CSA) (21 U.S.C. § 811), which does not recognize the difference between medical and recreational use of cannabis. These laws are generally applied only against persons who possess, cultivate, or distribute large quantities of cannabis. Under federal law, cannabis is treated like every other controlled substance, such as coc aine and heroin. The federal government places every controlled substance in a schedule, in principle according to its relative potential for abuse and medicinal value. Under the CSA, cannabis is classified as a Schedule I drug, which means that the federal government views cannabis as highly addictive and having no medical value. Doctors may not "prescribe" cannabis for medical use under federal law, though they can "recommend" its use under the First Amendment. Federal cannabis laws are very serious, and punishment for people found guilty is frequently very steep. Federal law still considers cannabis a dangerous illegal drug with no acceptable medicinal value. In several federal cases, judges have ruled that medical issues cannot be used as a defense, though defense attorneys should attempt to raise the issue whenever possible during trial. Federal law applies throughout Washington D.C. and the United States, not just on federal property.
Ending the War:
CARERS Act of 2015
The Compassionate Access, Research Expansion, and Respect States Act (CARERS) of 2015 is the most comprehensive piece of federal medical marijuana legislation ever introduced in the U.S. Congress. The bipartisan act which is sponsored in the Senate by Sen. Cory Booker (D-NJ), Sen. Rand Paul (R-KY), and Sen. Kirsten Gillibrand (D-NY) and, in the House of Representatives, by Rep. Steve Cohen (D-TN) and Rep. Don Young (R-AK) combined a handful of medical cannabis bills that had been introduced over the last decade. This important bill would remedy the state-federal conflict over medical marijuana law, with far-reaching impacts, including: Allowing state programs to continue without federal interference Moving marijuana out of the Schedule I list Removing CBD from the scheduling Creating access to banking services for legal marijuana businesses Ending the DEA-Imposed NIDA monopoly that blocks research Allowing Veterans Affairs doctors to write recommendations in states that have a medical marijuana program. Congress has until December 31, 2016 to pass the CARERS Act.