CALIFORNIA: Usually federal courts strictly enforce the nationwide laws against the Marijuana, and have rebuffed challenges to the government’s classification of the drug as one of the most dangerous narcotics.
But that could change this week when a federal judge in Sacramento, in a criminal case against 7 men charged with growing Marijuana on national forest land in Trinity and Tehama counties, hears what she has described as “new scientific and medical information” that raises questions about the validity of the federal ban.
The Drug Enforcement Administration (DEA) classifies Marijuana, along with such drugs as heroin, LSD and ecstasy, in Schedule One; substances that have a high potential for abuse, have no currently accepted medical use, and can be dangerous even under a doctor’s supervision.
The classification amounts to a nationwide prohibition on the possession, use or cultivation of the plant.
It must be proven not merely that the federal law is misguided, based on current research, but that it is entirely irrational. An initial ruling would apply only to the current defendants, but the impact would be broader if higher courts weighed in.