U.S. Judge In California Considers Argument Marijuana Law Unconstitutional

CALIFORNIA:  A federal judge hearing the case of nine men accused of illegally growing marijuana in California said Wednesday she was taking very seriously arguments by their attorneys that the federal government has improperly classified the drug as among the most dangerous, and should throw the charges out.

Judge Kimberly J. Mueller said she would rule within 30 days on the request, which comes amid looser enforcement of U.S. marijuana laws, including moves to legalize its recreational use in Washington state, Colorado, Oregon and Alaska.

“If I were persuaded by the defense’s argument, if I bought their argument, what would you lose here?” she asked prosecutors during closing arguments on the motion to dismiss the cases against the men.

The men were charged in 2011 with growing marijuana on private and federal land in the Shasta-Trinity National Forest in Northern California near the city of Redding.

 

Judge Could Smash Marijuana Law

CALIFORNIA:  Three states, one district, and two cities will vote on various aspects of the nation’s drug laws on Tuesday but the most crucial marijuana decision being weighed in the coming days will be made by just one person. U.S. District Judge Kimberly J. Mueller could be about to start a legal revolution.

After a five-day hearing in California, she is considering the validity of the science surrounding pot’s classification as one of the most dangerous drugs in the world.

In May, she became the first judge in decades to agree to hear evidence relating to the Drug Enforcement Administration’s classification of marijuana which puts it in the same category as heroin and meth. Over the next few weeks, Mueller will comb through hundreds of pages of witness testimony, scientific research, and public health policy to determine whether the Schedule I Substance classification of marijuana is unconstitutional.

Her ruling will only apply in the specific case she is hearing, but some argue that a first judicial ruling against the legality of the DEA’s current drug classifications would invite a flood of similar legal challenges all over the country.