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