California Case Could Boost Efforts to Reschedule Marijuana

U.S. District Judge Kimberly J. Mueller could start a legal revolution as she considers the validity of science regarding marijuana’s classification as a Schedule 1 drug.

The question at hand: Does marijuana have medicinal properties? If it does, the government’s definition of a Schedule 1 drug – which implies that it has “no currently accepted medical use” and a “high potential for abuse” – doesn’t apply to marijuana, cannabis supporters say.

Reclassifying marijuana is a major goal of advocates, as it would help remove roadblocks for the marijuana industry and broader legalization efforts. As part of its Schedule 1 classification, marijuana is on the same level as heroin.

The case Mueller is weighing stems from a 2011 incident in which six men were charged with growing marijuana in a national forest in Northern California. A lawyer representing the men and the owners of the land argued that the resulting harsh legal sanctions should have never been applied to marijuana because the plant doesn’t technically meet the definition of a Schedule 1 drug.

Mueller heard last week from several people, including doctors, who discovered the effectiveness of treating medical conditions with marijuana.

The judge’s final ruling will only apply to the specific case, but some argue it will invite similar legal challenges nationwide, the Daily Beast said.

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  1. Richard Kennedy November 5, 2014
  2. D. Lieberman December 23, 2014

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