Originally Posted by NMFS

A species is considered threatened if it is likely to become an endangered species within the foreseeable future.

Originally Posted by Wikipedia

The stated purpose of the Endangered Species Act is not only to protect species, but also "the ecosystems upon which they depend." It encompasses plants and invertebrates as well as vertebrates. It does not expressly include fungi, which were widely considered to be plants in 1973.
The ESA forbids Federal Agencies from authorizing, funding or carrying out actions which may "jeopardize the continued existence of" endangered or threatened species (Section 7(a) (2)). It forbids any government agency, corporation, or citizen from taking (i.e. harming, harassing, or killing) endangered animals without a permit. Once a species is listed as threatened or endangered, the ESA also requires that "critical habitat" be designated for that species, including areas necessary to recover the species (Section 3(5) (A)). Federal agencies are forbidden from authorizing, funding, or carrying out any action which "destroys or adversely modifies" critical habitat (Section 7(a) (2)).

Originally Posted by NMFS

How Does the ESA Define "Species"?
"Species" includes subspecies, or, for vertebrates only, "distinct population segments (DPSs)". Pacific salmon are listed as "evolutionarily significant units (ESUs)", which are essentially equivalent to DPSs for the purpose of the ESA.

Originally Posted by Kant

I was reading some article about a lawsuit over the dea raiding a mmj dispensary, and i remember one of the dea agents say "it's our job to eradicate every plant that produces and illicit drug" (sorry i don't have URL). It just occurred to me, IF they ever got close to that goal, Wouldn't it be in violation of the Endangered Species Act of 1973?

wikipedia:
Endangered Species Act - Wikipedia, the free encyclopedia

National Marine Fisheries Service (NMFS):
Species Protected Under the Endangered Species Act (ESA) - Office of Protected Resources - NOAA Fisheries





Even though cannabis isn't endangered, could some potentially sue the DEA to stop it's war on drugs because their goal would be in direct violation of the ESA?

In the second link there's a box that says:



So does that mean someone could potentially sue the feds into preserving a specific strain of cannabis?

I don't know if any of this would work, as i am not a lawyer, but it's something to think about.

Originally Posted by Kant

I'm not saying that out wacky tobaccy is endangered or even threatened by the traditional sense. I'm am saying that the DEA's goal to eradicate the plant would make it a threatened species(or at least one could argue that). The ESA explicitly says Each Federal agency shall insure that any action authorized, funded, or carried out by such agency is not likely to jeopardize the continued existence of any endangered species or threatened species or result in the destruction or adverse modification of habitat of such species(directly from the ESA pdf). Correct me if i'm wrong but the DEA's actions/goals are definitely intended to "jeopardize the continued existence" of cannabis. Even though it's not threatened yet, IF the DEA's does succeed at it's goal it will be threatened and eventually endangered. When/IF it does reach that status, the DEA couldn't touch it and would have to stop all it's programs. Could someone argue the DEA's actions and goals directly conflict with the act?


Admittedly this idea did come while i was sampling one of my girls. BUT this could potentially legalize(or make it illegal for the dea to stop us) the cultivation of pot.

Originally Posted by medicineman

Originally Posted by Kant

I have no doubt that the pharma companies would take an initial hit but i would almost guarantee you that they would jump on the bandwagon and start mass growing pot. they'd come out with a new strain called weedagra or viagrabis, i bet they would even breed it so it would come out blue

Originally Posted by Kant

basically the idea is to try and legalize pot not through congress but through the courts. DAMN IT I WANT MY BLUE VIAGRABIS