Hiller, PC has filed a notice of appeal for the federal cannabis lawsuit that was recently dismissed by Judge Alvin K. Hellerstein. You might recall that this was a landmark court hearing from the legal team at Hiller, PC and their colleagues from the Cannabis Cultural Association (CCA) This particular filing is an expedited appeal and court documents state that the appeal briefing will take place on June 1st.
Lauren Rudick is a partner at Hiller, PC, and has been one of the lawyers on the front lines of this lawsuit since its inception.
“We may have lost an initial battle. But we are winning the war. Just recently, Jeff Sessions admitted that medical cannabis may have benefits. Would he have said that if he was not being sued by two children and a veteran who rely upon medical cannabis to live? Maybe not. As we prepare the appeal, we are armed with increasing support from advocates, Congress, and mainstream media. This support has dramatically accelerated since the case was first filed, confirming the merits of our case. We believe that the Judge was wrong in his analysis, that administrative exhaustion is not required here, and we look forward to winning the appeal and returning to his courtroom for the trial we should have obtained in the first instance,” Rudick said of the case.
To explain, the judge dismissed the suit for failure to exhaust administrative remedies, but did not issue a decision on the merits of the plaintiffs claims. In fact, Judge Hellerstein recognized that medical cannabis does work for the plaintiffs in this lawsuit, which is farther than the U.S. justice system has come in other cases similar to this one that have challenged federal courts.
I agree wholeheartedly with Rudick here in terms of public support and mainstream media, and encourage all cannabis supporters to follow this case closely and share the news about it with your friends and networks. Between this and the recent news about the first standalone marijuana legislation clearing a House committee and going to a House vote and the bill coming out of the bipartisan Senate committee about protecting states rights for cannabis industry activities, there is a lot going on in regards to cannabis in the U.S. Federal government right now.