Are Federal Marijuana Laws Unconstitutional?
U.S. District Court Judge Kimberly J. Mueller is considering this argument. Within thirty days she'll decide whether to hear a case based on this reasoning. The case she's considering involves nine men who have been charged with growing marijuana on private and public land in northern California. Judge Mueller asked the attorneys who are prosecuting this case:
“If I were persuaded by the defense's argument, if I bought their argument, what would you lose here?”
The pot growers' defense lawyers are arguing that classifying marijuana as a Schedule One drug — meaning it's one of the most dangerous drugs in the world and it has no medical value whatsoever — is unconstitutional, since twenty-three states have legalized marijuana for medical purposes.
Defense attorney Zenia Gilg said that therefore: “It's impossible to say that there is no accepted medical use.”
The prosecuting attorney countered that too few doctors believe marijuana has any medical value. WTF??? Then who, pray tell, is writing all these thousands of medical prescriptions for marijuana???
I hope Judge Mueller takes this case. These questions need to be asked.