A Plaintiff Speaks: Why I'm Suing for Safe Access

September 26, 2012 | Michael Krawitz
I am a disabled United States Air Force veteran who is one of the plaintiffs suing over the placement of marijuana in the Controlled Substances Act, in the ASA v DEA case which will be heard by the United States Court of Appeal for the DC Circuit on October 16th. In order to understand why I would be willing to put my name on the line in this lawsuit over the schedule number of cannabis it is first important to review a little bit of history.

Most people know that marihuana (spelled just that way) was the subject of a national law called the Marihuana Tax Act but less known is the fact that this law was based upon the Machine Gun Tax Act. It was legal trickery at best, as the whole point of the new law was to prohibit the sale and possession without the bother of a Constitutional Amendment as was done with alcohol prohibition.

I think the chief drug bureaucrat at the time, Harry Anslinger, knew full well that the Marijuana Tax Act was on shaky Constitutional ground as he made it his life's work to sure up the law. In the 1960¹s he succeeded with the Single Convention treaty and thereby sought a back door Constitutional authority for his prohibition because it is written in our Constitution that treaties, once ratified, become “the supreme law of the land.”

The United States Supreme Court wasn¹t impressed with Mr. Anslinger¹s efforts. however, and in 1969 they sided with Dr. Timothy Leary and ruled the Marihuana Tax Act unconstitutional. This opened the door for Congress to create a new federal law on marihuana using the Interstate Commerce Clause to define their jurisdiction and the new treaty system as part of its basic constitutional authority.

The new federal law, the Controlled Substances Act, is a basically good law that allows for fairly seamless control of and access to thousands of medicinal substances, but unfortunately the arbitrary inclusion of marihuana in the most restrictive category - Schedule I - makes this good law as bad at the Marihuana Tax Act in practice.

Every day the federal government maintains marihuana's Schedule I status, the more damage it causes to our system of government. It is no surprise that this Schedule I placement of marihuana is now causing a serious rift between many states and the federal government that to an outside observer appears to be an extraordinary conflict, even a constitutional crisis.

The definition of cannabis as Schedule I has caused my fellow patients to be imprisoned, denied work, housing, right to own a firearm, a place on a transplant list, and of greatest concern to me, is the latest casualty of the drug war, my VA doctor. My Veterans Affairs Medical Center doctor is now prohibited from recommending cannabis to me and instead the VA has explicitly relegated their sovereign power to the state to handle all aspects of a veteran¹s medical treatment with cannabis. Since the recommendation of cannabis has been shown by court cases in the 9th Circuit to be a free speech activity crucial to the doctor patient relationship it is now apparent that the VA can not effectively operate while this conflict between state and federal law exists.

That is why I am very proud to put my name on this effort to right a wrong and acknowledge that cannabis does in fact have accepted medical use in the United States.

Michael Krawitz is a plaintiff in the case ASA v DEA.
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