Federal Judge to Rule on Marijuana’s Schedule I Classification

The cannabis industry could gain more legal credibility when a judge in California rules next month on whether marijuana’s classification as a Schedule I narcotic is constitutional.

The case involves a federal prosecution of several marijuana growers in California, who have argued that the classification of marijuana as a Schedule I drug violates the U.S. Constitution, and that the federal government has been enforcing its laws unfairly between states.

District Court Judge Kimberly Mueller held a five-day hearing last year on the matter, and final arguments in the case are scheduled for February, according to The Los Angeles Times.

If Mueller ultimately rules against the federal government, it’s unclear exactly what the legal fallout would be. The Times reported that the ruling would only apply to the defendants named in the case, but if the U.S. 9th Circuit Court of Appeals upholds the ruling after an expected appeal, then “all the Western states would be affected,” according to The Associated Press.

It’s unlikely that Mueller’s ruling would fully legalize marijuana nationwide. But her decision could prove a key stepping stone for future court cases, legislation from Congress, or a rescheduling of marijuana by the Drug Enforcement Administration.

Daily News | Briefs | Cultivation | Dispensary/Retail Store Business News | Legal & Regulatory News for Marijuana Businesses | National Medical Cannabis Business & Marijuana Legal News


  1. Clifton Middleton January 13, 2015
  2. Richard Cobb January 13, 2015
  3. Jerry Cook January 13, 2015
  4. Bradd W January 14, 2015
  5. Jerry Cook January 15, 2015
  6. Grateful Pete March 18, 2015

Leave a Reply

Your email address will not be published. Required fields are marked *

Please note: Comments are moderated by our editors who do their best to approve comments ASAP. As Marijuana Business Daily is focused on business, we approve comments that are specifically relevant to industry professionals. General opinions and questions about cannabis may not be posted.