Pubdate: Tue, 13 Jan 2015
Source: Boston Globe (MA)
Copyright: 2015 Associated Press
Contact: http://services.bostonglobe.com/news/opeds/letter.aspx?id=6340
Website: http://bostonglobe.com/
Details: http://www.mapinc.org/media/52

FEDERAL JUDGE WEIGHS MARIJUANA'S CLASSIFICATION

SACRAMENTO (AP) - A federal judge in California is weighing the 
constitutionality of a 45-year-old act that classifies marijuana as a 
dangerous drug along with LSD, cocaine, and heroin.

US District Judge Kimberly J. Mueller in Sacramento held a five-day 
fact-finding hearing on the classification question late last year, 
and final arguments are scheduled for next month. Her ruling is 
expected later this year.

The case marks the first time in decades that a judge has agreed to 
consider marijuana's designation as a Schedule 1 drug under the 1970 
Controlled Substances Act. Under the act, Schedule 1 drugs have no 
medicinal purpose, are unsafe even under medical supervision, and 
contain a high potential for abuse.

Mueller's decision to hold the hearing came in response to a pretrial 
defense motion in a federal case against alleged marijuana growers. 
Prosecutors unsuccessfully opposed the fact-finding effort.

A ruling against the cannabis law would apply only to the defendants 
in the case and would probably be appealed. If the US Ninth Circuit 
Court of Appeals determined the law unconstitutional, all the Western 
states would be affected.

Attorneys for the defendants contend the government enforces the law 
unevenly, allowing distribution of cannabis in states where it is 
legal and cracking down elsewhere.
- ---
MAP posted-by: Jay Bergstrom