Analysis

2nd Circ.'s Ruling On Pot Hailed As A Turning Point

Law360 (June 4, 2019, 9:51 PM EDT) -- The Second Circuit’s recent ruling warning the U.S. Drug Enforcement Administration that it needs to take a good look at the legality of cannabis — and soon — was a major recognition of the drug’s benefits, advocates say.

The ruling came in a case brought by medical marijuana patients who say they are at risk of criminal prosecution for using lifesaving medicine. In a 2-1 decision May 30, the court said the suit should likely be dismissed because the plaintiffs hadn’t first petitioned the DEA to make a change.

But in a passionate opinion written by Senior U.S. Circuit Judge Guido Calabresi,...

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