By: Timothy P. Flynn

This case, Americans for Safe Access vs USDEA, has been percolating through the federal court system for more than a decade.  Now that the Court of Appeals for the DC Circuit declined to reclassify marijuana as a Schedule 1 drug [i.e. high potential for abuse with no verified medical benefits], the pot lobby has filed a petition for a writ of certiorari with the SCOTUS.

As readers of the Law Blogger are aware, one of the chief tensions between states that have legalized marijuana or have approved initiatives for medical marijuana, has been the persistent and long-standing classification of marijuana as a Schedule 1 drug in the federal Controlled Substances Act.

The DEA's response to the pot lobby's petition for cert is due mid-August.  This case will hopefully be taken-up by SCOTUS and decided on the merits.  That way, those in the pot growing industry will know where they stand.  Other the other hand, many legal scholars would argue that it is not for the justices to legislate but rather, that is the job of the Legislature.

Even if marijuana remains on Schedule 1 at the conclusion of this epic litigation, it nevertheless appears that plenty of entrepreneurs will continue risking their time, money and even their freedom to grow and distribute pot.

Perhaps the basic economic laws of supply and demand are among the strongest and most enduring of all.  Apparently, there is an unlimited demand for marijuana out there on Main Street and a healthy supply of folks willing to satisfy that demand.

www.waterfordlegal.com