Repeal Marijuana Prohibition via the Severability Clause in the CSA
This petition had 3,200 supporters
Title 21 of the United States Code (USC), Subdivision I, Part A, Section 801 of the Controlled Substances Act (CSA) has a paragraph entitled "Severability." In this paragraph it states that if any provision of Title 21 of the USC is "...held to be utterly invalid or unenforceable... such provision shall be severed from this title..." Full text here (about a third of the way down the page is where you'll find the Severability paragraph): http://www.deadiversion.usdoj.gov/21cfr/21usc/801.htm .
The adding, deleting, or changing of "...the schedule of a drug or other substance may be initiated by the Drug Enforcement Administration (DEA), the Department of Health and Human Services (HHS), or by petition from any interested person: the manufacturer of a drug, a medical society or association, a pharmacy association, a public interest group concerned with drug abuse, a state or local government agency, or an individual citizen."
Marijuana having no medicinal value is obviously invalid. Legitimate proof can be found in the cannabinoid patents held by the US Health Dept., the existence of companies such as Cannabis Science Inc. and Medical Marijuana, Inc., online by simply googling "cannabis cancer," and on these pages which I have personally created: http://mmjactionnetwork.com/medinfo.html and http://www.facebook.com/pages/Cannabis-Cancer-Society/141822609205309, among many others.
If it were enforceable, we wouldn't lose countless lives and dollars, and have overcrowded prisons, only to have a substantial supply still on the streets after 74 years of prohibition. If it were enforceable, billions of U.S. dollars wouldn't make its way to Mexican and Canadian cartels. The Drug War doesn't prevent drugs from entering our country (or even prison isolation cells, for that matter), the selling or consumption of drugs, the rising crime rates associated with drug trafficking, nor has it ever stopped children from acquiring them. This "war" has continued for over 70 years, and not a single one of its stated objectives have been accomplished.
Yes, Prohibition is unenforceable, and yes, marijuana having "no medicinal value" is invalid. If it were once again legal, the money saved would help our communities and effectively lower the crime rates across the board.
Since the new director of the Office of National Drug Control Policy, Gil Kerlikowske, is legally obligated to oppose any legalization efforts, I find it futile to ask his assistance in this matter (more info here: http://www.iweeducation.org/article/442/the-drug-czar-is-required-by-law-to-lie.aspx), but I will include ONDCP's email address to the recipients list, anyways. Although the AMA does favor rescheduling to allow for more research, I contest that there is more research on Marijuana than there is on Aspirin, and it's time to remove all sanctions or scheduling on this benign, highly beneficial plant.
I am directing this petition to President Obama, Congress, the ONDCP, the ATF, the Acting Secretary for the Department of Health and Human Services (HHS), and the Directors for each the CDC, FDA, NIH, IHS, CMS, and SAMHSA (and Michelle Leonhart at the DEA if I can find an email address instead of a contact form) to have any or all of them find that all sections of Title 21 pertaining to Marijuana be found invalid and unenforceable, and thereby removed, or severed, from the USC, per the Congressional findings of the CSA.
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