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California Judge Hears Case on Cannabis’ Schedule I Classification

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California Judge Hears Case on Cannabis’ Schedule I Classification

A judge in California just finished a five-day hearing regarding a pot case that focuses on the validity of cannabis’ current classification as a Schedule I substance. Although the ruling will only apply to the specific case being discussed in court, it could have a major impact on the future of cannabis legislation on a federal level.

U.S. District Court Judge Kimberly J. Mueller listened to a case concerning Brian Pickard and Bryan Schweder, two men charged with running a massive grow operation hidden within the Shasta-Trinity National Forest. According to reports, upwards of 500 plants, processed cannabis and more than $35,000 in cash were discovered following a series of police raids in 2011. Fifteen people were arrested in connection to the operation. After witnesses and local police testified, Picker and Schweder were identified as the ringleaders. The group seemed doomed to the same fate of many offenders convicted of non-violent crimes — years and years behind bars. However, a preliminary motion forced a hearing on the issue.

Attorneys Zenia Gilg and Heather Burke declared the continued classification of cannabis as a Schedule I substance unconstitutional. They are defending seven men on felony charges who may be punished by up to 15 years in prison. While some of the defendants have already spent years in jail, Judge Mueller’s willingness to hear the case makes many hopeful of the outcome.

“It’s earth-shattering to even have this hearing,” said Adam Levine, a professor at Stetson University College of Law. “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.”

Three medical experts were called on in court to testify on behalf of the medicinal benefits of cannabis. Gregory Carter, MD, Carl Hart, PhD and Philip Denny, MD all agreed that the federal classification of cannabis was unreasonable.

“After two decades of intense scientific inquiry in this area, it has become apparent the current scheduling of cannabis has no footing in the realities of science and neurobiology,” said Dr. Hart, an associate professor of psychology and psychiatry at Columbia University.

Now that the hearing is over, Judge Mueller will some time to review all of the evidence presented during the case before presenting her final judgement. Many are hopeful that her choice will cause major waves.

“That decision will have national implications. You will see defense attorneys around the country filing similar motions,” said Paul Armentano, the Deputy Director of NORML. “That will perhaps kick open the door to begin the long overdue discussion in the legislative halls of government—where arguably it ought to be taken place in the first place.”


Do you think cannabis should be considered a Schedule I substance? Let us know what you think below.

27 Comments

27 Comments

  1. phil arnold

    December 6, 2014 at 3:46 pm

    pressure your local congressman in all states to get pot reclassified,if they wont,vote them out,its called voting peeps,register to vote or just stfu,aloha

  2. Gregory Leikus

    November 10, 2014 at 8:20 pm

    Schedule 1 drug.That’s a freakin joke.It’s just another attempt by our”trustworthy” government to keep the truth from us but we know better.How much more ridiculous and idiotic can our politicians be.

  3. Pat Maher

    November 10, 2014 at 10:47 am

    The schedule1 classification is an ought right lie brought abought as a result of misinformation and ignorance from people who have spent no time doing any investigation into the benifits that the medical applications could have.

  4. Marty cooper

    November 10, 2014 at 8:48 am

    Alcohol is much more dangerous than cannabis oil

  5. Andrea

    November 10, 2014 at 7:18 am

    absolutley not! I am a nurse and administer dilaudid morphine Xanax and Valium daily.. These drugs are more harmful than cannabis. This is a huge topic of conversation around the hospital and many staff are pro!!

  6. Shay

    November 9, 2014 at 5:35 pm

    Legalize it alcohol kills and medical canabis helps,heals & is all natural!!!

  7. Eric Johnson

    November 9, 2014 at 1:52 pm

    No it shouldn’t. The only reason it was illegalized In the first place was around 1937 William Randolph Hursts lumber industry was in danger due to the rise of hemp. So he paid off lobbyist with his billions to get hemp illegalized. Then created “reefer madness” stating how horrible marijuana was for you and paid off congressmen to illegalize marijuana. The same could be said about what’s going on in our country today involving other topics.

  8. tabray

    November 9, 2014 at 12:13 pm

    it should not be a schedule 1 substance. one because it helps many many people in health problems and pain and sleeping problems. it should be legal for the people to use recreation alcohol is ten times more dangerous than marijuana ive smoked weed almost all my life and never once been in trouble for it. it is a natural plant grown from the earth. if humans were never on earth the plants still would be because god created that plant for use of animals and humans. just my thought…. tabray Hughes

  9. Courtney Rhorer

    November 9, 2014 at 9:02 am

    Marijuana used to be used for everything a few hundred years ago. Heck, the constitution is printed on hemp paper. I think it was absurd to even say it should be illegal. I believe God created it for us to enjoy. It helps us not worry about things that do not matter and cures many diseases including cancer. I have yet to see real evidence it should stay illegal.

  10. joe courtois

    November 9, 2014 at 8:21 am

    Schedule 1 how offensive, proven medicinal properties legal in some states. As an avid user it is not only a great medicine the fact there is barely any side effects if any unlike pills that make u nauseous so they give u another pill for that and so on and so on. Next thing u know your taking a dozen pills when u can get it all with one medicine that has proven facts it has medicinal properties. Schedule 1 says no medicinal properties rescheduling has to happen. Thank you,

  11. Paul Phillips

    November 9, 2014 at 7:20 am

    I live on England and have diabetes I use cannabis to ease the nerve damage in my feet apart from its legal status it’s great and works well but instead of being allowed to use this I am put on morphine a known killer legally. I know what is doing doing me the most good and least harm

  12. Norma

    November 9, 2014 at 7:05 am

    No I do not think marijuana is in its proper scheduling. Marijuana has medical properties and is the best medicine a physician can prescribe. Nixon put it in the CSA along with drugs that destroy people’s lives. Marijuana was put there because of its potential. Due to the greed of businesses that knew if it stayed available their business would not be successful. Marijuana was given to the world as a wonder substance, and God does not make mistakes, people do.

  13. jqmes pierce

    November 9, 2014 at 12:35 am

    Absoloutley it is completely ridiculous all of these young people parents children getting 10 to 30 years life sentences for a lb of marijuana it just blowsy mind. All marijuana just keeps you calm and sane

  14. Owainnor

    November 9, 2014 at 12:02 am

    Legalize it

  15. Rinkishi

    November 8, 2014 at 11:16 pm

    Yes, cannabis should be considered a Schedule I substance!

    • Anne Murphy

      November 11, 2014 at 11:49 am

      Can you not read? Are you one of those people who, when confronted with facts, denies the truth? Read and learn. Watch and learn. Use and know!!!!

  16. James Provost

    November 8, 2014 at 9:56 pm

    Cannabis has been shown effective against Cytokine Storm. (How EBOLA uses your own immune system to kill you.)
    Cannabis contains Antiretrovirals.
    Cannabis has been shown to regulate the immune system.(Arthritis, Epilepsy, CFS and many more.)
    It should be able to help control EBOLA.

  17. jim kinder

    November 8, 2014 at 9:52 pm

    It needs to be a schedule 1. Its way overdue !

  18. Carolyn Pardue

    November 8, 2014 at 9:46 pm

    No way that is just gov control I mean coke and meth were just reclassified as a schedule 2 and any person can see that is totally backwards those drugs kill cannibis helps and heals. Not to mention recreationaly way safer then booze !

  19. david bañuelos

    November 8, 2014 at 9:02 pm

    This law is ridiculous, and hope the judge does the right thing and dismiss this. Hope this trial helps put cannabis legalization in the right path! Justice will prevail.

  20. Richard

    November 8, 2014 at 8:52 pm

    It should just be LEGAL !!!

  21. joe stetson

    November 8, 2014 at 8:25 pm

    Weed should be leagle. It aint doing nothing bad. People smoke it to ease there mind and just want to relax. You can’t die from weed and it’s help prevent cancer.

  22. randy buck jr

    November 8, 2014 at 7:53 pm

    I think it shouldn’t be a schedual 1 narc. it should be legalized.

  23. Joshua Temple

    November 8, 2014 at 7:41 pm

    Cannabis should be legal and treated like alcohol. Cannabis has more value than alcohol anyways. Cannabis should never have been made illegal in first place is time for legalization at Federal level.

  24. Paul Oglesbee

    November 8, 2014 at 7:32 pm

    Impossible to consider cannabis as a class I drug. Does not meet the criteria

  25. Kip Kotler

    November 8, 2014 at 1:17 pm

    Do you think cannabis should be considered a Schedule I substance? NO

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