Federal Judge Weighs Marijuana's Classification
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Federal Judge Weighs Marijuana's Classification
Posted by CN Staff on January 13, 2015 at 06:20:22 PT
By The Associated Press
Source: Associated Press
Sacramento, Calif. -- 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.U.S. 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, the Los Angeles Times reported Monday. 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, the newspaper said. 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 federal cannabis law would apply only to the defendants in the case and almost certainly would be appealed, the newspaper said. If the U.S. 9th Circuit Court of Appeals determined the law was unconstitutional, all the Western states would be affected.Attorneys for the defendants have argued that the federal marijuana law violates the Constitution's guarantee of equal protection under the law. They contend the government enforces marijuana law unevenly ? allowing distribution of cannabis in states where it is legal and cracking down elsewhere.The prosecution countered that Congress legally placed pot in Schedule 1.Zenia K. Gilg, a lawyer for the growers, told the Times that scientific understanding and public acceptance of marijuana have grown substantially since courts last examined the federal classification. She cited the November election, when voters in Alaska and Oregon decided to join Colorado and Washington in making cannabis legal for recreational use. Most states already provide some legal protection for its use as medicine.Prosecutors said in a brief filed Jan. 7 that the evidence presented in the hearing at most "established that there is some dispute among doctors as to whether marijuana is medicine."Information from: Los Angeles Times: Associated Press (Wire)  Published: January 12, 2015Copyright: 2015 The Associated PressCannabisNews Medical Marijuana Archives 
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Comment #10 posted by The GCW on January 13, 2015 at 17:21:57 PT
Not waiting.
Not waiting on the government subsidized, professional, profit driven, power hungry, irrational, lobby fortified prohibitionist system to end cannabis prohibition.No.It is no longer in their control.No.They had their chance an they used it to escalate the devil law.No.We are ending cannabis prohibition.Not them. At this point, they're practically insignificant. We have work to do and We're doing it. They have and have had work to do for the American people and they have jacked Us.
They're efforts have put people in cages, split families, maimed & killed citizens (including children in as little as 11 seconds), created contempt for laws, and the sickening list goes on.Their verdict is nearly a year from now.Our verdict has already been made!
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Comment #9 posted by Hope on January 13, 2015 at 15:22:25 PT
Observer Comment 5
My fear exactly. 
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Comment #8 posted by Hope on January 13, 2015 at 15:19:57 PT
"Maybe they'll listen to you!"
Not likely. They've been not listening to me for a very long time, now.:(
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Comment #7 posted by Hope on January 13, 2015 at 15:17:14 PT
How did I know? Runruff told me in a comment before mine.
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Comment #6 posted by Oleg the Tumor on January 13, 2015 at 12:14:10 PT
How did you know it was my uncle?   I'm so impressed!I gave up trying to tell everybody.Maybe they'll listen to you!
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Comment #5 posted by observer on January 13, 2015 at 12:01:36 PT
Another Way for Govt to Game the System
Pretend as though the drug categories descended from heaven, and "have always been that way". Act like your arbitrary government classification of a plant is and has always been sacrosanct. Hey - there may or may not a "God" - say govt. functionaries, as they piously sit through church services to be seen of men. But we know our officers carry guns. Government says it, they have the guns to back it - so that settles it. They may or may not believe in the power of God - but they sho' 'nuff believe in the power of each others' guns. Prediction: any issue where traditional freedoms are in the balance, the courts will make a pretend show of it, but in the end they will always side with oppressive government, the court will always side with taking away your traditional freedoms, property, money, and very life. All the while pretending U.S. laws descended from heaven. They don't - quite the opposite.
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Comment #4 posted by Hope on January 13, 2015 at 09:40:46 PT
I can't bring myself to hope that this case
will force the truth to the forefront. The dang crazy uncle is at the wheel! He's an expert at twisting the truth to look like a lie and twisting a lie to look like the truth.Will sanity and rationality come from this decision? The entire "Schedule" of drugs should be smashed out for the sheer mockery that the whole thing is. This so called "Schedule" isn't about science. That's totally obvious to nearly anyone not blinded by drug war mania. This "Schedule" business, as it exists today, is about an agenda from a fearful and hate spewing prohibitionist. But it's entrenched. It's roots aren't that long and deep... but fear and greed have it entrenched. At the end of every root tentacle is a human fist wrapped tightly around a beau-coup of dollar bills.
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Comment #3 posted by runruff on January 13, 2015 at 08:18:50 PT
The States are like unruly teens.
Uncle Sam is like the babysitter in a house full of unruly teens. The kids sneak out the bedroom window to party but leave a note on the fridge saying where they are at.
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Comment #2 posted by runruff on January 13, 2015 at 07:49:41 PT
Uncle Sam wears no cloths.
His lies are laid bare naked before science and mankind. If our crazy uncle wants to continue to stay the same and disgrace himself in this manner, it will not be long before no one takes him seriously any longer. I have not taken this scitzophrinic narcissistic war monger serious since Vietnam Nam.
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Comment #1 posted by End of the Rope on January 13, 2015 at 06:59:56 PT:
the last straw
This is going to be like disciplining a destructive spoiled child, and whipping him appropriately. Its just the right thing to do. Nothing more.
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