The current legal status of marijuana in the US will be changed in August. If marijuana is classified as “Schedule Two” drug, it will be available to anyone with a prescription.
The DEA Lawyer had told the lawyer representing a DEA informant of the DEA’s plan to legalize medicinal cannabis nationwide on August 1, 2016. When questioned by our reporter, the DEA lawyer felt compelled to admit the truth to him as well.
“Whatever the law may be in California, Arizona or Utah or any other State, because of Federal preemption this will have the effect of making THC products legal with a prescription, in all 50 states,” the DEA attorney told the Observer. Federal Preemption is a legal doctrine that where the US Government regulates a particular field, State and local laws are overridden and of no effect.
He explained that “there are five DEA schedules. Nothing on Schedule One is ever legal, and that is where Cannabis is today. Schedule Two drugs are available with a prescription.”
On Schedule Two, marijuana will join drugs like Percocet, Aderall, Oxycontin, Hydrocodone and other drugs that are legal, even common, with a prescription. There are also other drugs that are not on any schedules but that are illegal on a federal level, he said. Drugs like aspirin and ibuprofen are available over-the-counter.
He opined that the 135 medicinal cannabis clinic owners in Los Angeles will no doubt oppose this move by the Federal government, because the rule change will eliminate any reason for people to visit medical marijuana clinics. “In my opinion, CVS pharmacy, Rite-Aid and Walgreens will sell Schedule Two THC products similar to what users call “edibles,” but will not sell smokable weed because of the health risk smoking anything entails,” said the DEA lawyer.
The Los Angeles based DEA Attorney who spoke to us, asked to remain anonymous because he was not authorized to speak to the press about the matter. He speculated that this action will be taken in the closing days of the 2016 U.S. Presidential election, so as to motivate the Democratic base to turn out and vote for Hillary Clinton, and other down ballot candidates. She will certainly not reverse this policy decision taken in the waning days of the Barack Obama administration, he said. But Donald Trump might.
“Marijuana enforcement is a big drain on DEA resources,” he said was another reason for the change, noting that a majority of the American public favor the legalization of marijuana for medical use.
Libertarian candidate Gary Johnson is in favor of legalizing marijuana and in fact owns a business which peddles pot in New Mexico.
California will vote on November 7th, 2016, whether to legalize the recreational use of marijuana. Because of Federal preemption, the DEA’s reclassification of cannabis as a Schedule Two drug, will have the legal effect of requiring a prescription in California–i.e., it will continue the status quo.
Since the Golden State legalized medical marijuana almost 20 years ago, Federal authorities have occasionally raided medical marijuana clinics here. They have forced major banks, like Bank of America, to close clinic bank accounts. The Feds have even seized real estate belonging to landlords who rent space to pot clinics. The Federal war on medicinal marijuana will abruptly end on August 1, 2016.