Judge Won't Take Pot off Schedule 1 List

SACRAMENTO (CN) - A federal judge Wednesday declined to remove marijuana from the list of the most dangerous drugs after a five-day hearing in a criminal case.
U.S. District Judge Kimberly Mueller denied a motion to dismiss an indictment involving a marijuana growing operation on the basis that the federal classification of marijuana as a Schedule 1 controlled substance is unconstitutional.
Other drugs classified as Schedule 1 include heroin, LSD and ecstasy. Such drugs are considered to have high potential for abuse, no accepted medical treatment in the country, and no accepted safety level for use under medical supervision.
Mueller held a five-day evidentiary hearing in October and November.
The government stressed that courts have a limited role in reviewing acts of Congress, and that the Controlled Substances Act provides a separate administrative process to make the type of scheduling challenges raised by the defendants.
While noting that much has changed since Congress passed the Controlled Substances Act in 1970, Mueller ruled that the scheduling issue is up to Congress.

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