Marvin Washington, et al. v. William P. Barr, Attorney General, et al.
DueProcess Patent
Can Congress criminalize medical cannabis without exception?
QUESTIONS PRESENTED Three of the Petitioners require daily administration of medical cannabis to live. Despite classifying it a Schedule I drug under the Controlled Substances Act (“CSA”), the federal government, which owns domestic and international medical cannabis patents (“Federal Cannabis Patents”), has, for decades, repeatedly acknowledged that cannabis has safe and effective medical applications in the United States. THE QUESTIONS PRESENTED ARE: 1. Can Congress, consistent with the Due Process Clause of the Fifth Amendment to the U.S. Constitution, criminalize medical cannabis without exception, even for patients who require its daily administration to live? 2. Given the three requirements for designation as a Schedule I drug under the CSA (21 U.S.C. § 812(b)(1)), is the classification of cannabis so irrational that it violates the Due Process Clause of the Fifth Amendment to the U.S. Constitution? 3. Can Congress, consistent with the Due Process Clause of the Fifth Amendment to the U.S. Constitution, require persons aggrieved by the classification of a substance under the CSA to submit to an administrative review process that cannot, as a matter of law, provide the relief they seek?