U.S. federal judge rejects challenge to marijuana prohibition
Source: Reuters
U.S. FEBRUARY 26, 2018 / 7:35 PM / UPDATED 40 MINUTES AGO
U.S. federal judge rejects challenge to marijuana prohibition
Brendan Pierson
3 MIN READ
(Reuters) - A federal judge on Monday dismissed a lawsuit seeking to overturn the United States longstanding prohibition of marijuana on the grounds that the ban was unconstitutional, with the judge finding that the issue could not be decided by the court.
U.S. District Judge Alvin Hellerstein in Manhattan ruled that the lawsuit must be dismissed because the plaintiffs had failed to use administrative procedures within the Drug Enforcement Administration (DEA) to challenge the ban.
Hellerstein said his decision should not be understood as a factual finding that marijuana lacks any medical use in the United States, but rather that the authority to make that decision lies with the DEA, not with the court.
The plaintiffs include the parents of two children who use marijuana to treat illness, and former National Football League player Marvin Washington, who works with a company that develops marijuana-based products.
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