The lawsuit against Jeff Sessions claims that federal prohibition violates the Constitutional rights of medical marijuana patients.
In case you haven’t been in the loop, a lawsuit against Jeff Sessions has been in the works for months now. Specifically, a lawsuit alleging that the federal prohibition of cannabis is unconstitutional. And tomorrow, that lawsuit will be read and evaluated in the Federal Court of New York City.
The Case
The United States Attorney General, Jeff Sessions, is infamous for his vehement stance against cannabis. Since his appointment as Attorney General, he has not held back on sharing his views on the matter. These views have been entirely in favor of prohibition and firmly against marijuana legalization of any kind.
Including medical marijuana.
Sessions’ statements about cannabis have, historically, not been rooted in any sort of scientific evidence. Rather, they have been a regurgitation of antiquated theories and Harry Anslinger-esque rhetoric. Sessions has, to date, refused to entertain any evidence or research that contradict his anti-cannabis stance. Indeed, a previous Attorney General, Eric Holder, asserted that Sessions has “an almost obsession with marijuana”. Specifically with marijuana prohibition.
On January 4, 2018, Attorney General Sessions put definitive action behind his words. He rescinded the Cole Memo. This piece of Obama-era legislation was put in place to prevent the federal government from interfering with states with legalized and regulated marijuana.
While lawmakers around the country have been stepping up to the plate to go head-to-head with this blatant violation of state’s rights, a separate lawsuit against Jeff Sessions has been in progress since autumn of last year.
And this complaint isn’t coming from lawmakers. It is coming from civilians who depend on medical marijuana.
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The Plaintiffs
The most prominent plaintiff in this lawsuit against Jeff Sessions is Alexis Bortell. At twelve years old, she uses medical cannabis to control and quell her debilitating epilepsy.
In order to secure this life-saving treatment, she and her parents were forced to relocate from their native Texas to Colorado. The medical marijuana that Bortell uses every day is perfectly legal in Colorado. But because of the federal prohibition, she can’t travel with her medicine.
This means that she cannot leave the state. So what’s a young person to do when she is essentially trapped because of federal marijuana prohibition? Sue the federal government. Specifically Jeff Sessions.
Attorney Michael Hiller has taken on the task of representing Bortell and four other plaintiffs. Bortell’s co-plaintiffs include her father, Dean Bortell, another child and his parent (Jagger and Sebastian Cotter), an Army veteran (Jose Belen), a retired football player (Marvin Washington) and the non-profit organization Cannabis Cultural Association, Inc.
The Suit
The lawsuit against Jeff Sessions alleges that the Controlled Substances Act violates the Constitutional rights of medical marijuana patients.
From the complaint, shared with us by Hiller, PC Attorneys at Law:
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.
In plain language, the federal prohibition of cannabis is unconstitutional, and these lawyers are about to prove it.
The Lawsuit Against Jeff Sessions Will Be Heard In Court Tomorrow
Tomorrow, this court document attached to the lawsuit against Jeff Sessions will be read and evaluated tomorrow, February 14, 2018, in the Federal Court of New York City. The case will be presided over by Judge Alvin K. Hellerstein. This will be an open hearing.
Alexis Bortell will not be in attendance because, again, she is unable to travel without her medication. And more to the point, she is unable to travel with her medication.
If the plaintiffs are successful, it will not just be a victory for them. It will be a victory for the thousands of medical marijuana patients in the country.
As this is a case that is of national interest, we will do our best to keep you updated.