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Friday, May 31, 2019

The Classification of Marijuana as a Schedule I Controlled Substance

I just wanted to note an opinion by my old boss, Guido Calabresi, in Washington v. BarrThe Second Circuit panel, by a 2-1 vote, held that individuals challenging the DEA’s classification of marijuana had not yet exhausted their administrative remedies. That said, the panel retained jurisdiction over the case and suggested that the DEA’s  failure to change the classification might lead to a constitutional holding that the current one is irrational. Stay tuned.

Posted by Gerard Magliocca on May 31, 2019 at 09:38 PM | Permalink



I think the TLA at issue here is DEA, not FDA.

Also enjoyed the dissent from Jacobs, J, including the great use of "ramified."


Posted by: hardreaders | Jun 1, 2019 1:33:34 PM

Important and very interesting. Just worth to note, that not only lack of administrative exhaustion, but also lack of exemptions to the latter, and those are : futility ( like because agency decision-makers are biased or because the agency has already determined the issue ) and when plaintiff shall be subjected or threatened by irreparable injury flowing from delay.


Posted by: El roam | Jun 1, 2019 8:05:55 AM

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