On May 18, 1972, the National Organization for the Reform of Marijuana Laws (NORML) petitioned the Bureau of Narcotics and Dangerous Drugs (BNDD) (now the Drug Enforcement Administration (DEA)) to transfer cannabis to Schedule II so that it could be legally prescribed by physicians. The BNDD declined to initiate proceedings on the basis of their interpretation of U.S. treaty commitments.
In 1974, the United States Court of Appeals for the District of Columbia Circuit ruled against the government and ordered them to process the petition (NORML v. Ingersoll 497 F.2d 654). The government continued to rely on treaty commitments in their interpretation of scheduling-related issues concerning the NORML petition. In 1977, the Court issued a decision clarifying that the Controlled Substances Act requires a full scientific and medical evaluation and the fulfillment of the rescheduling process before treaty commitments can be evaluated (NORML v. DEA 559 F.2d 735). On October 16, 1980, the Court ordered the government to start the scientific and medical evaluations required by the NORML petition (NORML v. DEA Unpublished Disposition, U.S. App. LEXIS 13100).
In the summer of 1986, the DEA administrator initiated public hearings on cannabis rescheduling. The hearings lasted two years, involving many witnesses and thousands of pages of documentation. On September 6, 1988, DEA Chief Administrative Law Judge Francis L. Young ruled that cannabis did not meet the legal criteria of a Schedule I prohibited drug and should be reclassified. He declared that cannabis in its natural form is "one of the safest therapeutically active substances known to man. (T)he provisions of the (Controlled Substances) Act permit and require the transfer of marijuana from Schedule I to Schedule II".[31]
Then-DEA Administrator John Lawn overruled Young's determination. Lawn said he decided against re-scheduling cannabis based on testimony and comments from numerous medical doctors who had conducted detailed research and were widely considered experts in their respective fields. Later Administrators agreed. "Those who insist that marijuana has medical uses would serve society better by promoting or sponsoring more legitimate research," former DEA Administrator Robert Bonner opined in 1992. This statement was quoted by the Multidisciplinary Association for Psychedelic Studies (MAPS) in its membership drives.[32]
The 1994 petition to reschedule was overturned on a technicality.
The 2002 petition is the one that is currently in court with the claim that the DEA refused to hear evidence from the petitioners.
This year, 42 members of the Washington State legislature called for the DEA to reschedule cannabis.
http://www.democraticunderground.com/1170197
Among the lawmakers signing the letter to DEA Administrator Michele Leonhart was Rep. Timm Ormsby, brother of federal prosecutor Michael Ormsby, U.S. Attorney for Eastern Washington. Ormsby, along with Western Washington U.S. Attorney Jenny Durkan, last year oversaw a federal crackdown on medical marijuana dispensaries in the state.
...it is clear that the long-standing classification of medical use of cannabis in the United States as an illegal Schedule I substance is fundamentally flawed and should be changed," the lawmakers wrote. "The federal government could quickly solve the issue if it were to reclassify cannabis for medical use from a Schedule I drug to a Schedule II drug so that it can be prescribed, which we believe the petition provides substantiated peer-reviewed scientific evidence to support.
"The solution lies ultimately with the federal government," the letter reads. "We urge the DEA to initiate rulemaking proceedings to reclassify medical cannabis as a Schedule II drug so qualifying patients that follow state law may obtain the medication they need through the traditional and safe method of physician prescribing and pharmacy dispensing."
Four Governors have called for the DEA to reschedule cannabis, too. Vermont, Rhode Island, Washington State and Colorado.
Colorado, Washington State and Oregon all have legalization bills on the ballot.
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