Court Says “No” to Re-Scheduling Cannabis

If you visit HMJ with any regularity you have seen our coverage of recent efforts to get the federal courts to do something about cannabis being a schedule I controlled substance.  GO HERE if you want to catch up on this story. Long and short of it is this — cannabis lost.  This round.


Judge Kimberly J. Mueller of the Federal District Court in Sacramento, California issued her oral ruling during a 15-minute court hearing on Tuesday. Judge Mueller heard closing arguments in the case in early February, but she had postponed ruling on the matter until this week. Her written opinion was not available at the time of her ruling,

“At some point in time, a court may decide this status to be unconstitutional,” Judge Mueller said from the bench. “But this is not the court and not the time.”

This fight is not over. Judge Mueller allowed a very complete record to be created in the hearing. All that information is now part of the record of the case and can be used in the appeal. Most of this is information never before allowed to get into a case.

Paul Armentano, NORML’s Deputy Director who served as the principle investigator for defense counsel in this case said: “While we are disappointed with this ruling, it changes little. We always felt this had to ultimately be decided by the Ninth Circuit and we have an unprecedented record for the court to consider. In the interim, it is our hope that lawmakers move expeditiously to change public policy. Presently, bipartisan legislation is before the House and Senate to recognize cannabis’ therapeutic utility and to reschedule it accordingly and we encourage members of Congress to move forward expeditiously to enact this measure.”

Get the entire story HERE.

[image: Google images “judge”]

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Author: DavidB

a heathen, but hopefully not an unenlightened one

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