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 steppingstone for future court cases, legislation from Congress, or a rescheduling of marijuana by the Drug Enforcement Administration.

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6 comments on “Federal Judge to Rule on Marijuana’s Schedule I Classification
  1. Clifton Middleton on

    Where is the evidence that marijuana is a dangerous drug? It has never been there. The classification of cannabis as a schedule one drug with no acceptable medical use was arbitrary, capricious and unconstitutional. It has taken 40 years the get a fair hearing. How long can the government perpetuate a lie and have the entire judicial branch ignore the truth.

  2. Richard Cobb on

    Each member of congress needs to dispatch one of their aids to an area cancer center in their state. Have that person meet with three oncologists and ask for their professional opinion on cannabis. The question, “Is there a benefit to the use of cannabis during cancer treatment”. That’s a simple and cheap way to dispel that babble that comes from the mouths of the ill-informed! My oncologist told me the benefits of cannabis before I started my 4-month chemo treatment and that was 23 years ago.

  3. Jerry Cook on

    Judge Mueller should rule against the Fed’s CSA listing as being provably wrong as well as being a complete Fed Hypocrisy..The Fed CSA says “NO MEDICAL USE”, while at the same time the Fed has given this plant (a big can of joints periodically) to a few people for over 20 years FOR MEDICAL USE, and has patents on this plant’s components FOR MEDICAL USE!
    How is it such a clear hypocrisy gets ignored?
    The Fed position is insane & denies (in their CSA) their own acceptance that this plant HAS MEDICAL USE, and the Judge here should duly note it and rule against the Fed very strongly.

  4. Bradd W on

    United States Government Owns Marijuana Patent #6630507. Hypocrisy, money, personal political gain and FEAR is what is stopping them from changing it to a schedule 2 drug.

    I can’t figure out why Alcohol and tobacco aren’t considered schedule 1 substances? Is there medicinal value in those I don’t know about? $$$$$$$$$$

  5. Jerry Cook on

    Thanks Bradd W… Big pharma has their products that don’t work at Sched 3 already.
    Also, the natural plant..not a high priced synthetic pill or spray..should be completely removed from the CSA, period. The only list Cannabis should be on is a long one of medicinal benefits!

    Alcohol & tobacco lobbyists spend large sums in CONgress to keep them off the CSA, which they should be on, yes. They are both killers with no medicinal benefits, after all. Whats good in wine is available without alcohol. Would you drink orange juice with gas fuel in it and call it good because the orange juice is good, ignoring the danger otherwise? Stupid as.

    Here’s a killer list for you from 2013 that gets ignored due to the bought off & ignorant politicians..

    1. prescrip/Big Pharma..237,485 + 5,000 car crash dead 2.Tobacco..390,323 dead 3.Alcohol..88,013 +16,000 car crash dead
    4. Cocaine..4,906 dead 5.Heroin..3,365 dead 6.Asperin..466 dead
    7. Tylenol..179 dead
    8. Cannabis..0 dead, ANY YEAR!

    The Big Pharma list could be broken down further, but this gives you most of the total, a couple here shown separate already.
    The law clearly does not reflect fact. Its not hard here to see where the danger is and is not.

    You are so right with $$$$..politicians are bought & paid for to protect opposing corp interests, not facts or citizens, including banks money laundering/cartels, and profit prisons. About time actual truth prevailed, eh?

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