Marijuana to Stay A Schedule I Drug, Federal Judge Denies Reclassification

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By Anushree Madappa On 02/27/18

On Monday, a federal judge of the U.S. District Court for the Southern District of New York dismissed a request to reclassify marijuana — currently a Schedule I drug, leaving the plaintiffs in a limbo after many states have legalized marijuana for medical and recreational purposes.

The plaintiffs — Marvin Washington, Dean Bartell, Alexis Bartell, Jose Belen, Sebastien Cotte, Jagger Cotte, along with the Cannabis Cultural Association Inc. — filed the petition challenging classification of marijuana as a Schedule I drug, hoping that it’s reclassification would pay way for legalization of cannabis across the nation. They sued Attorney General Jeff Sessions, the Department of Justice and the Drug Enforcement Administration (DEA) in the federal court.

They petitioners claimed that the “current scheduling of marijuana violates due process because it lacks a rational basis.”

For decades, Marijuana has been under the Schedule I category of the Controlled Substances Act, the highest level of drug classification making it on par with dangerous drugs like heroin. The government has repeatedly rejected appeals for reclassification. The substances in this schedule have “a high potential for abuse,” (2) “no currently accepted medical use in treatment in the United States,” and (3) there is “a lack of accepted safety for use of the drug or other substance under medical supervision.”

Deeming marijuana as a highly dangerous drug, the U.S. Congress proffered the power to reclassify the drug with the attorney general. The power to reclassify was also granted to the Drug Enforcement Agency (DEA), provided the attorney general signs off on the petition to reclassify the drug based on medical and scientific data provided by the Department of Health and Human Services (HHS). The data should be consistent with the argument for reclassification.

While dismissing the petition, which argued that there was no “rational basis” for the Congress to classify Marijuana under Schedule I, Judge Alkin K Hellerstein said, “By framing their claim in terms of the statutory factors outlined in Section 8 l 2(b) (1), plaintiffs’ lawsuit is best understood as a collateral attack on the various administrative determinations not to reclassify marijuana into a different drug schedule.”

“As such, plaintiffs’ claim is barred because plaintiffs failed to exhaust their administrative remedies,” he added.

The “exhaustion rule” generally implies the plaintiffs to go through all parties and exhaust all “administrative remedies” before moving to the federal courts, which the judge found was not followed in the case.

By approaching the federal court, the petitioners chose to avoid the same fate dealt to previous complaints that challenged the administration agency and lost in 2016, the judge said.

In 2016, a request to reclassify marijuana was denied by the DEA. In a letter to the petitioners, the agency said, “HHS concluded that marijuana has a high potential for abuse, has no accepted medical use in the United States, and lacks an acceptable level of safety for use even under medical supervision.”

The federal court judge said he agrees with the previous verdict given by Judge Wolford of the Western District of New York in the United States v. Green case where he said the petition did not challenge the DEA’s decision “to conclude that there is no currently accepted medical use for marijuana” but the constitutional issue is “whether there is any conceivable basis to support the placement of marijuana on the most stringent schedule under the [Controlled Substance Act] CSA.”

In a document stating the verdict, Hellerstein said, “Plaintiffs have failed to state a claim under any constitutional theory, all of plaintiffs’ remaining claims are also dismissed.”

The judge concluded that the “defendants’ motion to dismiss the complaint is granted. Plaintiffs have already amended their complaint once, and I find that further amendments would be futile.”



Alexis Bortell, 12, Won’t Let Court Loss Stop Jeff Sessions Medical Pot Fight  (1-27-18)

Last year, then-eleven-year-old Colorado resident and medical marijuana patient Alexis Bortell joined other plaintiffs in a lawsuit against pot-hating Attorney General Jeff Sessions over federal scheduling of cannabis. Yesterday, February 26, a judge with the U.S. District Court for the Southern District of New York dismissed the suit, but Bortell, now twelve, wasn’t distressed. Shortly after the news went public, a post appeared on her Facebook page reading, “We were ready. Smile. We know #SCOTUS [Supreme Court of the United States] is where we are probably going.”   LINK

The note ended with the hashtags #IStandWithAlexis and #AlexisBortell.


The legacy of Manfred Donike

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For all of his hard work attending school and graduating as a German Chemist, while participating in the Tour de France in the 60’s, Manfred Donike was most widely known as an “doping expert” and is credited with the first accurate urine testing procedures.

He was Director for the Institute for Biochemistry at the German Sports University Cologne and head of drug testing operations at the 1972 Munich Olympics.

Manfred Donike, at 61 years old, suffered a major heart attack and died in flight to Johannesburg to set up a drug testing lab for the All-African Games in August of 1995. 

There is a Manfred Donike Institute, and a Manfred Donike Workshop which is closed to the public.  There is also a Manfred Donike Award !

At the time of his death, Dr. Don Catlin, head of the Paul Ziffrin Analytical Laboratory at UCLA stated:

“He devised all the chemical methods of identifying prohibited substances.  This is a staggering blow (to the anti-doping movement), but we will recover…”LINK

The first thing I saw on google January 3rd,  while browsing the news was an article at the Daily Beast written by Christopher Moraff.

Jeff Sessions’ Marijuana Adviser Wants Doctors to Drug-Test Everyone

I had to look two or three times with my glasses on just to make sure of what I was seeing.  I checked to see if it was a spoof – and it is not – as it is being reported by a number of news sites.

I immediately thought to myself, “I wonder if Manfred Donike knew what would happen when he came up with the procedure for drug-testing?”  Did he have any idea that this testing would be used to imprison people throughout the World?  Did he know how many Children would be separated from their Parents for nominal use of any substance that the Government saw fit to deem illicit?  Did he know how many people would go to jail or prison or possibly a mental health facility for smoking Marijuana?

Then, on January 4th we wake up to this news!

Sessions to rescind Obama-era rules on non-interference with states where pot is legal

Manfred Donike was appointed director of the Institute of Biochemistry at the German Sport University in Cologne in 1977, he is THE man who was responsible for the development of drug testing which is still used today.

Single handedly he is responsible for more people being imprisoned or confined in facilities for drug use than any other person on Earth.   Whether or not he realized at the time what would happen we will probably never know.   Continuing long after his death the long arm of drug testing has nestled into every Country on the face of the planet and threatens to control all of Society at large for a long time to come… 

His lab work also led to the massive drug bust at the 1983 Pan American Games  LINK

Dr. Robert Dupont formerly of NIDA, Kevin Sabet of Smart Approaches to Marijuana (SAM), and several other notable anti-legalization Activists joined Mr. Sessions in a meeting to discuss the situation regarding the many States who have “legalized” Marijuana in December. 

“I think it’s a big issue for America, for the country, and I’m of the general view that this is not a healthy substance,”  USAG Jeff Sessions  LINK       VIDEO LINK

As the meeting was closed-door there was no initial reports except to the fact that it did take place.  Mr. Sessions said this about the meeting…

We’re working on that very hard right now,” he said on Wednesday. “We had meetings yesterday and talked about it at some length. It’s my view that the use of marijuana is detrimental and we should not give encouragement in any way to it. And it represents a federal violation which is in the law and is subject to being enforced, and our priorities will have to be focused on all the things and challenges that we face.”(USAG Sessions) LINK

As of this morning, we know what he decided to do!  The “COLE MEMO” will be rescinded.

(CNN)In a seismic shift, Attorney General Jeff Sessions will announce Thursday that he is rescinding a trio of memos from the Obama administration that adopted a policy of non-interference with marijuana-friendly state laws, according to a source with knowledge of the decision. LINK

If anyone thinks that it is not feasible for the Federal Government to drug-test everyone, they would be wrong.  The health-care system is set up as a monitoring system.  At some point everyone will have to see a doctor for illness. 

A national model bill Dr. DuPont wrote in 2010 called for testing  anyone stopped for suspicion of DUI for all controlled substances, and arresting them if any trace amount at all is detected.

“Doctors already check for things like cholesterol and blood sugar, why not test for illicit drugs.”

— Dr. Robert DuPont

Ultimately, it will all lead you back to Agenda 21/30.  The total control of the people through the food and medicine (and plants) you consume.  Add to that drug testing at your local PCP and the NWO has us rounded up pretty well.

The principle of fair play forbids saying someone is guilty without evidence.”

Therefore, we MUST have evidence.  And what better way to have the evidence at hand than to routinely urine test every citizen  as part of our healthcare, as a way to keep us free from addiction?  Not to mention the fact that it is all conveniently entered into a computerized health care system for easy access by any Federal entity that is deemed appropriate at the time.  Sounds like a great plan to me…(!!) if I were interested in maintaining total control over the population and keeping the prison industrial complex flowing…

Additionally, there was an article written by R. William Davis, entitled “Shadow of the Swastika – The Elkhorn Manifesto” which outlines the historical avenues which were taken to get us where we are at today.  Today, on the anniversary of Gatewood Galbraith’s death I invite you to take a look at it.  It is a very interesting and informative read.

After the morning news today there isn’t much more to be said about what is happening unless they literally declare martial law across the Nation just to control the potheads.

I can’t wait for the new “memo” to come out!

I’ll keep you informed…


“Rights and freedoms may in no case be exercised contrary to purposes and principles of the United Nations.” HOW THE UNITED NATIONS IS STEALING OUR “UNALIENABLE RIGHTS” TO GROW FOOD AND MEDICINE THROUGH THE U.N. CONVENTION ON NARCOTIC DRUGS AND AGENDA 21.


Sessions to rescind Obama-era rules on non-interference with states where pot is legal

By Laura Jarrett, CNN Updated 10:07 AM ET, Thu January 4, 2018

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(CNN)  In a seismic shift, Attorney General Jeff Sessions will announce Thursday that he is rescinding a trio of memos from the Obama administration that adopted a policy of non-interference with marijuana-friendly state laws, according to a source with knowledge of the decision.

While many states have decriminalized or legalized marijuana use, the drug is still illegal under federal law, creating a conflict between federal and state law.

Sessions: DOJ looking at 'rational' marijuana policy

Sessions: DOJ looking at ‘rational’ marijuana policy

The main Justice Department memo addressing the issue, known as the “Cole memo” for then-Deputy Attorney General Jim Cole in 2013, set forth new priorities for federal prosecutors operating in states where the drug had been legalized for medical or other adult use. It represented a major shift from strict enforcement to a more hands-off approach, so long as they didn’t threaten other federal priorities, such as preventing the distribution of the drug to minors and cartels.

    The memo will be rescinded but it’s not immediately clear whether Sessions will issue new guidance in its place or simply revert back to older policies that left states with legal uncertainty about enforcement of federal law.

    The decision had been closely watched since Sessions was sworn in. He told reporters in November he was examining a “rational” policy.