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While hearing a criminal case in which 9 California men are accused of illegally growing medical marijuana, federal Judge Kimberly J. Mueller said she is seriously considering the defense’s argument that the charges should be dropped and that marijuana’s classification as a Schedule 1 narcotic is unconstitutional.
Judge Kimberly J. Mueller of the Sacramento Division of the United States District Court for the Eastern District of California just made some comments in court that signal that she might be preparing to declare marijuana’s classification as a Schedule 1 narcotic unconstitutional.According to Reuters, defense attorneys representing nine California men who are accused of illegally growing medical marijuana on federal land argued before Judge Mueller that the charges should be thrown out under the rationale that federal medical marijuana prohibition is unconstitutional.
In a hearing on Wednesday, Judge Mueller indicated that she is seriously considering the merits of the defense’s position and said to prosecutors, “If I were persuaded by the defense’s argument, if I bought their argument, what would you lose here?” At stake is whether or not the federal government has overstepped its bounds in declaring marijuana a Schedule 1 narcotic, which categorizes it as one of the deadliest drugs and as having no medical use.
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