Decision expected in March from Federal Judge on constitutionality of cannabis' Schedule 1 classification

w.thedailychronic.net/2015/40822/final-arguments-heard-in-marijuana-schedule-i-hearing-decision-expected-in-march/

Excerpts from article:

SACRAMENTO, CA — A federal judge hearing the case of nine men accused of illegally growing marijuana in California said Wednesday she was taking very seriously arguments by their attorneys that the federal government has improperly classified the drug as among the most dangerous, and should throw the charges out.


Judge Kimberly J. Mueller said she would rule within 30 days on the request.

http://www.theweedblog.com/federal-judge-hears-closing-arguments-in-marijuana-rescheduling-case/

Excerpts from opinion:

Yesterday in Sacramento a federal judge heard closing arguments in a motion challenging the constitutionality of cannabis’ Schedule I classification.

At issue is whether a rational basis exists for the government’s contention that cannabis is properly designated as a schedule I substance — defined as possessing a “high potential for abuse,” “no currently accepted medical use in treatment,” and “a lack of accepted safety … under medical supervision.” A federal court has not heard evidence on the matter since the early 1970s.

Lawyers for the federal government argue that it is rational for the government to maintain the plant’s prohibitive status as long as there remains any dispute among experts in regard to its safety and efficacy. Defense counsel — attorneys Zenia Gilg and Heather Burke of the NORML Legal Committee — contend that the federal law prohibiting Justice Department officials from interfering with the facilitation of the regulated distribution of cannabis in over 20 US states can not be reconciled with the government’s continued insistence that the plant is deserving of its Schedule I status under federal law.