A lawsuit filed by Marvin Washington, former New York Jet and now cannabis-based product business owner; two pediatric medical marijuana patients, Alexis Bortell and Jagger Cotte; an Army veteran and medical marijuana patient, Jose Belen; and the Cannabis Cultural Association was dismissed today by U.S. District Court Judge Alvin K. Hellerstein. The purpose of the lawsuit was to challenge the federal prohibition of cannabis.
Opinion: The Dismissal Has Nothing to Do with the Merits
In his opinion, Judge Hellerstein stated that his decision to grant the defendant’s motion to dismiss had nothing to do with the “merits of the plaintiffs’ claim.” In fact, earlier this month, Judge Hellerstein stated during a hearing that “Your clients are living proof of the medical applications of marijuana. I have to take the plausible allegations in your complaint as true. How could anyone say that your clients’ lives have not been saved by marijuana? How can anyone say that your clients’ pain and suffering has not been alleviated by marijuana? You can’t right?”