DEA denies Carl Olsen’s cannabis rescheduling petition

U.S. Department of Justice
Drug Enforcement Administration
Office of the Deputy Administrator
Washington, D.C. 20537

December 19, 2008

Dear Mr. Olsen:

On May 12, 2008, you petitioned the Drug Enforcement Administration (DEA) to initiate rulemaking proceedings under the rescheduling provisions of the Controlled Substances Act (CSA). You requested that DEA remove marijuana from schedule I of the CSA based on your assertion that the federal definition for a schedule I controlled substance no longer applies to it. You contend that federal drug law gives states the authority to determine accepted medical use and that marijuana, therefore, has a “currently accepted medical use in treatment in the United States” because 12 states have passed laws relating to the use of marijuana for medical purposes. Based on these same assertions, on August 5, 2008, you filed a “Notice and Deadline to Cease and Desist Illegal Enforcement of Fraudulant [sic] Marijuana Regulation.” The notice states that the DEA must “cease and desist enforcement of the illegal regulation of marijuana” within 30 days or you will file a federal civil injunction.

The Deputy Administrator finds, for the reasons stated herein, that the grounds upon which you rely are not sufficient to justify the initiation of proceedings for the removal of marijuana from schedule I ofthe CSA. Accordingly, your petition is hereby denied. For the same reasons, the Deputy Administrator finds that the notice to cease and desist also lacks merit. Accordingly, to the extent you seek action based on this filing, this request also is hereby denied.

Shorter:

Carl Olsen: Feds say cannabis is illegal because it has no medical use.  States say it does have medical use and it should be legal.  Feds say states determine medical use, so if states say it’s medical, how can feds keep it illegal?

DEA:  Because we say so.  States do determine medical use, except for the things we say aren’t medical.  Like pot.