A rising mistrust of administrative companies could also be sufficient to persuade 4 justices to simply accept the case.

Last summer time I wrote a few ruling by the Second Circuit regarding a lawsuit filed by 5 individuals difficult marijuana’s standing as a schedule I drug beneath the Controlled Substances Act (“CSA”). The lawsuit requested the federal courts to rule that marijuana’s standing as a schedule I drug is unconstitutional beneath the Due Process Clause of the Fifth Amendment, the Right to Travel, and the Commerce Clause.

Although the Second Circuit expressed appreciable skepticism of the drug scheduling regime, the court docket held that earlier than plaintiffs may search aid in federal court docket, they need to first file a de-scheduling petition with the DEA. The Second Circuit gave plaintiffs six months to file such petition, noting {that a} failure to take action would lead to the court docket affirming the decrease court docket’s dismissal of the case. In January 2020, the plaintiffs knowledgeable the court docket they didn’t intend file a petition and the case was dismissed.

– Read the total article at The Fresh Toast.

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