On February 12th, a DEA judge ruled that it is in the public interest to end the federal monopoly on the supply of marijuana that can be used in Food and Drug Administration (FDA)-approved research. The American Civil Liberties Union applauded the ruling, which was issued by Judge Mary Ellen Bittner. The ACLU represented University of Massachusetts-Amherst Professor Lyle Craker, who had petitioned the DEA for a license to grow research-grade marijuana for use in studies that aim to develop the plant into a legal, prescription medicine. Marijuana is the only Schedule I drug that DEA has prohibited from being produced by private laboratories for scientific research.

“For too long the DEA has inappropriately inserted politics into a regulatory process that should be left to the FDA and medical science,” said Allen Hopper, an attorney with the ACLU Drug Law Reform Project. “We are pleased that the judge has recommended an end to the federal government’s blockade of medical marijuana research.” Professor Craker’s proposed facility to grow high-quality medical marijuana for research purposes will be funded by the Multidisciplinary Association for Psychedelic Studies (MAPS), a non-profit pharmaceutical company with plans to develop marijuana into a fully legal, prescription medication.

The DEA must now either accept or reject the court’s recommendation, and scientists, doctors and medical marijuana patients nationwide have joined the ACLU in urging the agency to comply with the court’s finding and halt federal obstruction of medical marijuana research. The DEA has 20 days to file a reply, then the pro-cannabis side will respond, and then the agency has time to consider the response. The last time the DEA disagreed with an administrative judge's decision on medical marijuana (Francis Young's ruling), they simply overrode it. In the meantime, California NORML & MAPS are planning to resubmit their application through Chemic Labs for marijuana to do vaporizer research. Their February, 2004 application for access to research marijuana was denied by both NIDA & DEA after an 18-month regulatory delay.

ACLU Press Release | In the Matter of Lyle Craker- Judge Bittners's Ruling | ACLU's Medical Marijuana page | MAPS Statement