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Should The Feds Reclassify Marijuana? 
Posted by CN Staff on October 27, 2014 at 17:05:38 PT
By Daniel Wood, Staff Writer
Source: Christian Science Monitor
Los Angeles -- In a case that some say could change the relationship between the states and the federal government regarding marijuana, a US district judge in Sacramento, Calif., has granted a three-day hearing starting Monday that challenges the federal ban on the substance.At issue is the classification of marijuana by the US Drug Enforcement Administration (DEA) as a Schedule I drug, established in the early 1970s. That is the same classification given to heroin, LSD, and Ecstasy. The status was reaffirmed in 2011 and upheld in a federal appeals court last year.
The hearing stems from a criminal case involving several men who were charged with growing marijuana on national forest land. The current evidentiary hearing was granted by Judge Kimberly Mueller after two San Francisco attorneys filed a motion last November to dismiss the charges on grounds that the indictment is unconstitutional. The defense attorneys are arguing that "marijuana does not fit the criteria of a Schedule I Controlled Substance" and shouldn't have been used to target their client.“It’s earth-shattering to even have this hearing,” says Adam Levine, adjunct professor at Stetson University College of Law in Gulfport, Fla. “The fact that the judge is willing to hear this case means she is willing to question if the DEA’s original classification is constitutional.” He puts the chances of such a finding at “better than even.”According to Kris Hermes, spokesman for the medical marijuana-related group Americans for Safe Access, the case could affect pending ones in Vermont, Colorado, and Washington – where states filed petitions to reschedule marijuana for medical use in 2011. And it could have bearing on the raids conducted last week at two medical marijuana dispensaries in West Hollywood and Westwood, Calif.: It could remove the legal premise underpinning the raids.“So far, the DEA has given no explanation for these raids,” says Mr. Hermes, adding that both facilities operate in accordance with local and state laws. But he is encouraged that Judge Mueller is going to look at evidence, which he says courts have refused to do for decades in cases that his organization has been involved with.Others are more skeptical about the current hearing changing anything, saying the standard that has to be met in court is very high.“This constitutional challenge to the federal government’s regulation of marijuana is unlikely to succeed,” says Michael Moreland, vice dean of the Villanova University School of Law near Philadelphia, in an e-mail. To win, he says, the defendants have to show that the current classification of marijuana is unreasonable.“That’s a very high legal standard to meet. Advocates of legalized marijuana have a better chance convincing Congress or the DEA to change the classification of marijuana. There is a process already in place to reclassify a drug, and I think federal courts will be reluctant to interfere with that,” he writes.Others note that any ruling in this case would relate solely to the specific defendants in the case and could become broader only if appealed to higher courts.Stanford law professor Robert MacCoun agrees that the case isn’t as strong as some may hope. “If we were starting from scratch, I very much doubt we'd put marijuana in Schedule I. But now that it's there, it isn't easy to move it out,” he writes in an e-mail.All say that more would be known about the possible medical benefits of marijuana if the federal government had made it easier to study the drug scientifically. Now, they say, the question will be less the real or perceived benefits of marijuana and more its potential for danger.Professor Levine and others see marijuana as less dangerous than other drugs on the Schedule I list, noting the fatal consequences often attached to heroin, for example. There are arguably greater dangers connected with some non-Schedule I drugs, too, including alcohol, cigarettes, and prescription drugs.For a change in classification to happen, Professor MacCoun thinks more public acceptance is required, reflected in new lawmakers and laws.“Perhaps court cases can resolve this,” he says. “But I think it is more likely to happen if and when state legalization spreads far enough to force us to confront the contradictions.”Source: Christian Science Monitor (US)Author:  Daniel Wood, Staff WriterPublished: October 27, 2014Copyright: 2014 The Christian Science Publishing SocietyContact: letters csmonitor.comWebsite: http://www.csmonitor.com/ URL: http://drugsense.org/url/3GP9npB7CannabisNews   -- Cannabis Archiveshttp://cannabisnews.com/news/list/cannabis.shtml 
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Comment #10 posted by runruff on November 08, 2014 at 09:02:20 PT
when 50 states have some form of legalization...
And the fed is sticking to the CSA, well, America already knows the CSA is bogus. ( everyone except leonhart). The guy with egg on his face is always the last to know!
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Comment #9 posted by Hope on October 31, 2014 at 20:30:47 PT
It seems obvious the judge will have to rule that
it is indeed unconstitutional for cannabis to be schedule 1. But the more I read about this case, Federal case or not, it won't have as much effect on the actual schedule as I hoped and... and this is a big and... and a worse and... it will likely be placed in schedule 2 the day after any judgment. Schedule 2 is no good for freedom. No good at all. Cannabis does not belong in any of the drug schedules.I wanted President Obama to be the one that called the dogs of persecution off of cannabis and the people that need or just enjoy it.
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Comment #8 posted by FoM on October 31, 2014 at 16:27:00 PT
Hope
I feel an urgency too. I don't know how Hillary will be. I think she is stuck in the middle. We need to get it done before she is President.
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Comment #7 posted by Hope on October 31, 2014 at 09:17:21 PT
Hearing concludes
http://theleafonline.com/c/politics/2014/10/schedule-hearing-concludes-judges-ruling-expected-december/
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Comment #6 posted by Hope on October 31, 2014 at 09:02:47 PT
This is so important.
The fact that the judge is even hearing it bodes well for the truth.
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Comment #5 posted by Hope on October 31, 2014 at 09:01:19 PT
Thank you, Aggie Cajun
I wish things would roll faster. I have some hope in this round. It needs to roll faster and break loose these outrageous laws we've had. I want no more people killed, injured, frightened, arrested, imprisoned or dying from lack of medicinal cannabis. Ever.This horrible prohibition is so outrageous and has gone on so long. It's way past time for the prohibitionists to stop their inhumanity and cruelty to others.
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Comment #4 posted by AggieCajun on October 30, 2014 at 15:09:01 PT
More updates on the hearing
Tomorrow is the last day of the testimony. Don't know how long the judge has to decide.Here's a recap of days 3 & 4.Day 3 .... http://theleafonline.com/c/politics/2014/10/norml-feds-agree-benefits-cannabis/Day 4 .... http://theleafonline.com/c/politics/2014/10/medicine-trial-cannabis-scheduling-hearing/
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Comment #3 posted by AggieCajun on October 29, 2014 at 04:01:48 PT
Testimony from the hearing (day 2)
Day Two of Scheduling Hearings: Drs. Carl Hart and Philip Denney Take the Stand
http://www.canorml.org/news/day_two_testimony_in_Federal_marijuana_rescheduling_hearing.htmlSurely the government has no chance to deny medical benefits and therefore lack of evidence for sch 1.
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Comment #2 posted by AggieCajun on October 29, 2014 at 03:58:01 PT
Testimony from the hearing
Federal Prosecutors Appear to Concede Cannabis’ Medical Benefits
http://theleafonline.com/c/politics/2014/10/federal-prosecutors-appear-concede-cannabis-medical-benefits/Day One Testimony in Federal Marijuana Rescheduling Hearing
http://www.canorml.org/news/day_one_testimony_in_Federal_marijuana_rescheduling_hearing.html
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Comment #1 posted by Oleg the Tumor on October 28, 2014 at 09:38:48 PT
Has Everyone Forgotten . . .
“This constitutional challenge to the federal government’s regulation of marijuana is unlikely to succeed,” says Michael Moreland, vice dean of the Villanova University School of Law near Philadelphia, in an e-mail. To win, he says, the defendants have to show that the current classification of marijuana is unreasonable.. . . that the State of Kentucky supplied hemp for the US Navy for over 150 years at the request of George Washington? If this plant is "Schedule One Dangerous", then how could so many be so wrong for so long? Why can't the question be, "What danger does cannabis present? When compared to alcohol and tobacco, cannabis actually compares favorably. It doesn't cause cancer or promote violence.  Is this a question of "reasonableness" or of reason itself?But hey, its an election year and anyone's ballgame.GIVE BACK WHAT YOU STOLE FROM US!CONSTANT CHANGE IS HERE TO STAY!
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