MMJ Patients Vs. Jeff Sessions

For a few months now, Attorney General Jeff Sessions has been involved in a lawsuit. On Wednesday, Sessions will be in court to contest the accusation of violating basic constitutional rights, specifically that the federal prohibition of marijuana is unconstitutional. Medical marijuana patients do not only have to fight to get their medication but now their constitutional rights too. Where is the justice?

Sessions is well known for his hatred of marijuana and has openly made numerous statements about his opposition and favoring of prohibition, this includes medical marijuana too. Even a former AG, Eric Holder, stated that Sessions has “an almost obsession with marijuana”.

Last month, Sessions waged war with the not only the marijuana industry but also state lawmakers, by rescinding the Cole Memorandum. In 2013, the memorandum was created by then Deputy Attorney General James Cole and it prevented the federal government from interfering with companies and individuals that were legally participating in pro-marijuana states. The country’s lawmakers have been fighting Sessions as this is a violation of the states’ rights.

However, this isn’t the only battle Sessions currently has on his plate.

Twelve-year-old Alexis Bortell depends on her medicinal marijuana for her incapacitating illness, epilepsy. Bortell depends on it so much that her and her family had to move from Texas to Colorado, where medical marijuana is legal. However, because marijuana remains illegal at a federal level, Bortell is unable to travel out of the state with her medicine.

Bortell is suing the Attorney General since she is unable to leave the state because of the federal marijuana prohibition. Bortell along with other plaintiffs that include her father, another child, and parent, an Army Veteran, and even a retired football player and a membership organization.

So, what does the lawsuit really entail? It alleges that the Controlled Substances Act violates the Constitutional rights of medical marijuana patients. Hiller, PC, Attorneys at Law is representing the plaintiffs in the lawsuit and on the firm’s website, the complaint, as well as a press release, are posted regarding the case.

“Plaintiffs seek a declaration that the CSA, as it pertains to the classification of Cannabis as a Schedule I drug, is unconstitutional, because it violates the Due Process Clause of the Fifth Amendment, an assortment of protections guaranteed by the First, Ninth and Tenth Amendments, plus the fundamental Right to Travel, the right to Equal Protection, and right to Substantive Due Process.” Taken from the law firm’s website.

A win for these few medical marijuana patients will be a win for all. Stay tuned.

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