This recent decision, or lack thereof, by the Supreme Court is particularly  interesting in light of a 25-year old administrative ruling by then-DEA Chief  Administrative Law Judge Francis Young, where he called for the federal  government to reclassify marijuana due to its medicinal uses.

“Marijuana, in its natural form, is one of the safest therapeutically active  substances known to man,” wrote Judge Young in his ruling In the Matter of  Marijuana Rescheduling. “By any measure of rational analysis marijuana can  be safely used within a supervised routine of medical care.”

According to AlterNet,  Judge Young wrote what so many marijuana advocates have been saying for years,  that marijuana is a safe, healing plant that should not be classified alongside  some of the most dangerous drugs on the market.

Currently, marijuana is classified under federal law as a Schedule I  substance. Drugs in this classification, including heroin, are the most  addictive and have no medical use. While 20 states currently have medical  marijuana laws on the books and a growing body of research proves the many  benefits of marijuana, the federal government is white knuckling their  classification in order to justify their war on marijuana.

“It would be unreasonable, arbitrary and capricious for DEA to continue to  stand between those sufferers and the benefits of this substance in light of the  evidence in this record,” wrote Young.

“The administrative law judge recommends that the Administrator conclude that  the marijuana plant considered as a whole has a currently accepted medical use  in treatment in the United States, that there is no lack of accepted safety for  use of it under medical supervision and that it may lawfully be transferred  from  Schedule I to Schedule II [of the federal Controlled  Substances Act].”

Despite Young’s report, the DEA determined they didn’t have the authority to  declare the medical benefits of cannabis. Instead, they said, the Food and Drug  Administration must make that determination. The Supreme Court upheld that  decision recently, leaving the ball to rest in the FDAs court, where it will  likely sit for years.

The Food and Drug Administration has more pressing things to worry about, it  seems. Things like approving harmful pharmaceuticals and food additives take a  position at the front of the line. Reclassifying marijuana, which has helped  treat ‘untreatable’ seizures and possesses  anti-cancer power, as having some medicinal value would impact  patients’ abilities to get their medicine without fear of federal prosecution  and it would also set some state lawmakers’ minds at ease about passing medical  marijuana laws that might conflict with federal laws. But rather than make that  simple ruling, the FDA seems to have no intentions on getting involved at  all.

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