The Federal Cannabis Lawsuit, Washington v. Sessions, 17-CV-05625-AKH (SDNY)
Feb 14, 2018OUTCOME: Defendants' motion to dismiss granted. Direct appeal process commencing.
Five Plaintiffs, including two minor children who use medical cannabis, a former pro football player, a not-for-profit organization, and a veteran who treats PTSD with medical cannabis, sued Attorney G ... eneral Jeff Sessions, the Justice Department, and the Drug Enforcement Administration (DEA), in the United States District Court for the Southern District of New York (SDNY), arguing that the Controlled Substances Act (CSA) as to marijuana was unconstitutional and must be overturned. Although the district court granted the defendants' motion to dismiss, it was not upon the merits of the claim, but rather the failure to exhaust the DEA's futile and spurious administrative review process. Indeed, the district judge acknowledged that marijuana was "absolutely" medically beneficial, and had saved several of our plaintiffs' lives.