Attorney General Jeff Sessions is a lifelong marijuana prohibitionist under any circumstance, including the use of medical marijuana. But a 12-year-old girl, Alexis Bortell has filed a lawsuit against Jeff Sessions, the Department of Justice (DOJ), and the Drug Enforcement Administration (DEA) over the assertion that the Controlled Substance Act is unconstitutional, according to Fortune.
A big part of this case is that marijuana is still classified by the federal government as a Schedule I drug (the schedule was created in 1971) under the Controlled Substances Act (CSA). Per the scheduling, this means that marijuana has a high potential for abuse and "no currently accepted medical use in treatment in the United States." Medical marijuana, including cannabis oil, is in the same category as LSD and heroin, and Jeff Sessions and the DOJ says that is where it belongs.
And the lawsuit comes at an interesting time as Attorney General Jeff Sessions is willing to go to any length to not only reverse or challenge legalized marijuana legislation but to start prosecuting even those who are using medical marijuana legally per their state's laws. Past administrations have worked with a hands-off policy regarding the prosecution of medical marijuana patients, but Sessions wants to end that now.
"I believe it would be unwise for Congress to restrict the discretion of the Department to fund particular prosecutions, particularly in the midst of an historic drug epidemic and potentially long-term uptick in violent crime."Alexis Bortell has filed suit against Attorney General Jeff Sessions because she cannot travel without her cannabis oil, and currently, that would mean facing possession charges in states which don't have a medical marijuana law in place. At this time, using cannabis oil is being used by Alexis Bortell instead of undergoing brain surgery for her daily seizures. Bortell cannot visit her grandparents who live in Texas (where medical marijuana is illegal), and she is unable to travel with her veteran parents to go into military bases due to the federal law which Sessions, the DEA, and the DOJ want to keep in place.
Alexis' father, Dean Bortell says that law has left Alexis and others in limbo, hence the lawsuit against Jeff Sessions, the DEA, and the DOJ.
"She just wants to be like everybody else. When she grows up, she wants to be free to choose where she lives and what she does for a living."
Alexis Bortell and family have been doing everything they can to work within the law so that she can have access to the medical marijuana (in the form of cannabis oil) that stops the seizures due to her epilepsy, says Slate. Alexis Bortell's family relocated to Colorado to legally access the medical marijuana but fears leaving the state as it would create legal issues for herself and her parents who could also face prosecution by Attorney General Jeff Sessions and the DOJ.
"I would like to be able to visit my grandparents without risking being taken to a foster home."
Alexis Bortell takes one drop of the medical marijuana (in the form of the cannabis oil) in the morning and another at night. Bortell says that thanks to the treatment with medical marijuana, she hasn't had a single seizure in two and a half years, which would challenge the drug scheduling approved by Jeff Sessions.
"I'd say it's a lot better than brain surgery."The lawsuit against Jeff Sessions and the DEA has others joining the suit who also find medical marijuana helpful for their medical conditions and are challenging the marijuana policies of Jeff Sessions, the DOJ, and the DEA. Former San Francisco 49ers defensive end Marvin Washington has also joined the lawsuit, along with another minor and a military veteran. All are in agreement that Attorney General Jeff Sessions is misguided about the scheduling of medical marijuana.
The lawsuit against Sessions and the DEA, which was filed in the Southern District Federal Court of New York, hopes to help millions of people suffering from a variety of medical conditions.
"This lawsuit stands to benefit tens of millions of Americans who require, but are unable to safely obtain, Cannabis for the treatment of their illnesses, diseases, and medical conditions."Attorney General Jeff Sessions has publicly stated that he has no intention of changing his stance on medical marijuana, and he hopes to start prosecuting medical marijuana patients in every state before the end of the year.