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Rare Hearing For Marijuana Growers In Federal Court

Posted by: : Paul EbelingPosted on: October 27, 2014 Rare Hearing For Marijuana Growers In Federal Court

Rare Hearing For Marijuana Growers In Federal Court

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

The DEA reaffirmed Marijuana’s status in Y 2011, and a federal appeals court in Washington, DC upheld it last year.

But the hearing that starts Monday may be the 1st of its kind in a criminal case since the early 1970s, shortly after Congress put Marijuana in Schedule One under the DEA’s supervision, said Zenia Gilg the San Francisco criminal defense lawyer who filed the current challenge.

“At that point, not a lot was known about the medicinal benefits of marijuana,” said Ms. Gilg, a member of the legal committee of the National Organization for the Reform of Marijuana Laws. “It’s about time somebody looked at the new evidence.”

That will be US  District Judge Kimberly Mueller, who granted the hearing, scheduled for 3 days, over prosecutors’ objections.

In a 22 April order, she said lawyers for the defendants had presented expert declarations “showing there is new scientific and medical information raising contested issues of fact regarding whether the continued inclusion of marijuana as a Schedule One controlled substance … passes constitutional muster.”

She issued the order in a case that, based on the evidence so far, has little to do with medical Marijuana, the defendants are charged with growing a large tract of Marijuana plants on forest land, and there has  been no indication that it was for medical use. But Ms. Gilg said that is  irrelevant if they were charged under an Unconstitutional law.

Ms. Gilg acknowledges, it will not be an easy case to win.

She and her colleagues must prove 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.

Support for defense

US President Barack Hussein Obama’s Justice Department, which, while defending the federal ban in court, has advised federal prosecutors not to charge people who are complying with their state’s Marijuana laws.

California, 20 other states and Washington, DC, allow the medical use of marijuana, and two of those states, Colorado and Washington, have also legalized personal use.

“If marijuana is actually such a dangerous drug, the rational response by the DOJ would be to increase, not decrease, prosecution in those states,” Ms. Gilg said in court papers. She argued that the government’s state-by-state enforcement policy is discriminatory.

Judge Mueller, who will weigh the conflicting testimony, is a former Sacramento city councilwoman and federal magistrate who was appointed to the bench by Mr. Obama in Y 2010. She is the 1st  female judge in the Eastern District, which includes Sacramento and Fresno.

Stay tuned…


Paul Ebeling

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Paul Ebeling

Pattern Recognition Analyst, equities, commodities, forex
Paul Ebeling is best known for his work as writer and publisher of “The Red Roadmaster’s Technical Report” on the US Major Market Indices™, a highly-regarded, weekly financial market letter, where he enjoys an international audience among opinion makers, business leaders, and respected organizations. Something of a pioneer in online stock market and commodities discussion and analysis, Ebeling has been online since 1994. He has studied and worked in the global financial and stock markets since 1984.

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  • claygooding

    According to reports the govt attorney is floundering in his own ignorance of just how little “science” they have proving harms caused by marijuana use,,they have tons of proof of the harms prohibiting it has caused but “could be linked with” means nothing in a court of law when claiming marijuana is a dangerous drug.

  • Immortal Illumined

    the greatest plant in the universe is almost free, LET FREEDOM RING! 13

    1000s of my friends and family have grown 30-99 plants for 20 years, thanks for keeping prices high and NORCAL wealthy…#1 crop in cali = $15 Billion Untaxed…

    “any doctor against marijuana is a doctor of death” – cali secret 420

    from 0 states to half the country, from low 20% approval to almost 70%, cali runs this planet by 2 decades, time to tie marijuana to the 2014, 2016 elections, out with the old, in with the new

    20 years behind us southern states and NEW YORK (CBD=Can’t Be Done), sad and scary….nobody denies freedoms like the south, nobody…the top ten incarcerators on the planet are southern states and more blacks are in prison then were slaves before the civil war…even if marijuana reforms did pass the republiCANTS in charge would deny you all your freedoms, centuries of practice…no matter though, we never planned on getting your backwards brethren from day one, half the country already but not one southern state, lol…not 1….the new generations are taking over in the south and they are nothing like their freedom denying parents, let’s ride…

    Deaths by Alcohol: Millions
    Deaths by Tobacco: Millions

    Deaths by Prescription Drugs: Quadrupled in last decade
Deaths by Guns: Millions
Deaths by the food we are fed: Millions
Deaths by Marijuana: 0, ever…they are killing my American family while denying freedom

    love and freedom forever, marijuana revolution 2014


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