United States Second Circuit

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Washington v. Barr, 18‐859

Declined to declare that marijuana's classification as a Schedule 1 substance is unconstitutional. The plaintiffs contended that the longstanding federal classification ignores the drug's medicinal uses. However, they had failed to exhaust administrative remedies, so they could not move forward with their claims. Instead of dismissing the case, the Second Circuit panel retained jurisdiction so it could ensure that the Drug Enforcement Administration would not delay the administrative proceedings unnecessarily.

Appellate Information

  • Decided
  • Published 2019/05/30

Judges

  • Calabresi

Court

  • United States Second Circuit

Counsel