Repeal Marijuana Prohibition via the Severability Clause in the CSA
  • Petitioning Pauline Bruce

This petition will be delivered to:

Director Indian Health Service (IHS)
Pauline Bruce
Director Center for Medicare and Medicaid Services (CMS)
Arlene Austin
Director Centers for Disease Control and Prevention (CDC)
Gilbert Camacho
Acting Director Food and Drug Administration (FDA)
Debra Chew
Director Substance Abuse and Mental Health Services Administration (SAMHSA)
Michael Chew
Generic ATF email address
ATF
Director National Institutes of Health (NIH)
Lawrence N. Self
Generic ONDCP email address
ONDCP
DOJ and by extension, AG and DEA - only available
Department of Justice (DOJ), and Eric Holder, Attorney General (AG)
Principal Assistant Secretary for Administration and Management, Department of Health and Human Serv
Segundo Pereira
President of the United States
U.S. Senate
U.S. House of Representatives

Repeal Marijuana Prohibition via the Severability Clause in the CSA

    1. Don McAdams
    2. Petition by

      Don McAdams

      South Charleston, OH

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.

Recent signatures

    News

    1. Reached 3,000 signatures
    2. Links updated, DOJ website changes.

      Don McAdams
      Petition Organizer

      The DOJ has moved or removed some of the links that were in this petition, but I have updated them. Irrelevant, I suppose, since you can't sign it again, anyways, but if you choose to share... I can no longer find a link for one section, so I removed the link, assuming that it is still how the law reads. I will try to find that information's new location, however, I feel that "any individual citizen" petitioning for the rescheduling of any substance is a right that should never be taken away, and without jumping to conclusions, I'm assuming that it hasn't. Thank you all for signing, despite the deafness of this Administration, and feel free to share if you choose. On the state level, we have a medical group that has their wording approved for ballot petitioning, http://www.facebook.com/OhioAlternativeTreatmentAmendment , and I am working on getting full legalization in Ohio with this group, http://facebook.com/ResponsibleOhioans . Wishing US ALL the best of luck!

      Don McAdams

    3. Reached 750 signatures

    Supporters

    Reasons for signing

    • David Eisenbrandt FORT SCOTT, KS
      • 11 days ago

      This war on Marijuana was perpetuated by President Nixon as a way of punishing the darker skinned American people. His aides have published books quoting his animosities against "the blacks". Why are not the laws based on a pack of lies nullified. Where are all the "leaders" of the darker skinned citizens{inside some deep pocket?] Where is their "rage" on this most blatant Racially Prejudiced situation?

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    • Sharon Chambers WESTBURY, NY
      • 13 days ago

      I have lived with Systemic Lupus Erythematosus since August 1991. I suffer from severe chronic arthralgia (joint pain), which has been comparable to torture at times. Cannabis should be made just as legally available as the synthesized narcotics currently prescribed to alleviate pain. Cannabis and cannabis supplements are effective natural treatments that do not produce the harsh side effects (nausea, dizziness, constipation, addiction, etc.) so often experienced with narcotics.

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    • Jolanta Slabinski GENEVA, IL
      • 16 days ago

      For healing Cancer!

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    • Luke Nash BUNDABERG, AUSTRALIA
      • 23 days ago

      Legalisation!

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    • James Clark SARATOGA SPRINGS, NY
      • 24 days ago

      I love marijuana, and it's absurd it's illegal.

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