California Judge to Decide Whether Marijuana Should Still Be a Schedule I Drug

2015 could be the beginning of the end for the war on marijuana. Last year, U.S. District Judge Kimberly Mueller agreed to hear five days of evidence and testimony about whether marijuana has any medical value. Judge Mueller will then rule whether marijuana should continue to be a Schedule I drug.

U.S. District Judge Kimberly Mueller

The case seemed ordinary on its face. In 2011, the California Highway Patrol arrested 15 suspects and uncovered a marijuana farm with more than 500 marijuana plants in a national park. The men faced 10-15 years in prison each. Defense attorneys argued that cultivation of marijuana should not warrant punishment because marijuana itself should not be classified as a drug with no medical value.

For those unfamiliar with federal drug laws, illegal drugs are regulated by the Controlled Substances Act (CSA). The CSA classifies drugs into five different groups known as schedules. Marijuana is classified as a Schedule I substance. In the eyes of the federal government, Schedule I drugs: have a high potential for abuse, have no currently accepted medical use, and lack accepted safety for use under medical supervision. Under the CSA, it is illegal to manufacture, distribute, purchase, or possess Schedule I drugs. If marijuana were to be rescheduled as a different drug, the sentence could be reduced or marijuana could be decriminalized altogether.

Judge Mueller’s decision to hold the evidence hearing was extraordinary in itself. Defense lawyers have argued that marijuana is misclassified before, but this is first time in many decades that a judge has agreed to take such an argument seriously. It’s possible that Judge Mueller could rule that marijuana should remain a Schedule I drug. However, the fact Judge Mueller even bothered to spend five days on the issue indicates there is a real possibility that she may rule in favor of marijuana reclassification, at least in the case before her.

A judicial ruling that marijuana has been misclassified is a step in the right direction. However, this is only the first step. Congress should scrap and replace the Controlled Substances Act (CSA) altogether.