Ganja Vibes Blog

Colorado becomes third state to ask DEA to reclassify pot

Change would allow doctors to prescribe marijuana as a medical treatment By KRISTEN WYATT updated 12/28/2011 8:38:05 PM ET DENVER — Colorado has become the third state to ask the U.S. Drug Enforcement Administration to reclassify marijuana in a way that allows doctors to prescribe it as a medical treatment. The state asked the Drug Enforcement Administration to reclassify marijuana from Schedule 1, a category that includes heroin, to Schedule 2. The change would allow doctors to prescribe pot and pharmacies to fill marijuana prescriptions. The governors of Rhode Island and Washington have made similar requests. The letter came from the head of Colorado's Department of Revenue, the agency that oversees the state's booming medical marijuana business. "There is a lack of certainty necessary to provide safe access for patients with serious medical conditions," wrote Revenue Director Barbara Brohl in a letter sent Dec. 22. It wasn't released to the public until Wednesday because of the holiday. Last month, Washington Gov. Chris Gregoire and Rhode Island Gov. Lincoln Chafee sent similar letters to the DEA. They asked that the government list marijuana as a Schedule 2 drug, meaning it would remain a controlled substance but could be prescribed by doctors and dispensed by pharmacies. Marijuana is currently classified as a Schedule 1 drug by the DEA, which means the drug is considered to be without medicinal value and is illegal in all circumstances. Gregoire and Chafee have both blocked plans to license medical marijuana dispensaries, citing fears of federal interference. They complained in their letters that "the divergence in state and federal law creates a situation where there is no regulated and safe system to supply legitimate patients who may need medical cannabis." Colorado's letter was required under a law passed in 2010 and signed into law by former Democratic Gov. Bill Ritter. That law, which set up exhaustive state regulation for the medical marijuana business, included a requirement that Colorado petition the DEA for reclassification by Jan. 1, 2012, "in recognition of the potential medicinal value of medical marijuana." The drug's classification has prompted a confusing tangle of state and federal approaches. In 16 states and the District of Columbia, doctors can "recommend" but not "prescribe" pot. To get marijuana, patients in states that permit it have to grow their own or enlist a dispensary or special caregiver, instead of going to a regular pharmacy. Medical marijuana advocates and even some public officials have argued that the medical marijuana industry is onerous to regulate and ripe for abuse, and that confusion could be solved if the drug were regulated and controlled like other drugs prone to abuse, such as prescription painkillers. Copyright 2011 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

Eric Shevin, Attorney at Law

MEDICAL MARIJUANA EXPERTISE Mr. Shevin represents clients exclusively in the area of State and Federal criminal law with a focus on marijuana and drug cases. Mr. Shevin’s practice also represents clients in matters dealing with medical marijuana business formation and corporate representation. Presently, Mr. Shevin teaches a course on Medical Marijuana Laws to the Los Angeles County Judiciary, provides continuing legal education on Medical Marijuana Laws for the National Business Institute and teaches at the NACDL Advanced Criminal Law Seminar in Aspen, Colorado. Mr. Shevin represents individuals nationally and has won significant victories for his clients in Hawaii, Louisiana, North Carolina, Utah, Arkansas, Missouri, Ohio, New York, Nevada, Texas and Tennessee. Mr. Shevin has been featured and/or quoted in more than 25 articles and news stories including the following media outlets: Los Angeles Times, Los Angeles Daily Journal, ABC News, CBS News, MSNBC, Newshour with Jim Lehrer, Huffington Post, National Public Radio, Hartford Courant, Orange County Register, The 420 Times, West Coast Leaf, Marijuana Anti Prohibition Project, Press Enterprise, Metropolitan News Enterprise, Hemp Evolution, The Compassion Club, Cannabis News, The Medical Marijuana Magazine, The Marijuana News, OC Weekly and High Times Freedom Fighter of the month. Boy did I find all kinds of interesting case work while googling Mr. Shevin. He seems to have seen it all and then some. I hope we become friends and only friends.