U.S. District Judge Kimberly J. Mueller was praised by pot activists for being bold enough to hold a 5-day hearing last year in Sacramento, CA to evaluate the current classification of marijuana. Under the Controlled Substance Act of 1970, marijuana is listed as a Schedule I drug along with such toxic drugs as heroin, LSD and ecstasy. Having a Schedule I classification implies that those drugs are unsafe, have no medicinal function and present a high capacity for abuse, all of which have been scientifically proven false for marijuana. Many activists all over, including Crystal Hunt (facebook.com), are appalled that anyone could put marijuana in the same class as heroin and incredibly upset by the fact that despite overwhelming evidence that our government can still say that marijuana does not possess any medicinal properties.
Unfortunately, Mueller couldn’t see through the pot prohibitionists’ propaganda and ruled not to reclassify the drug. Leafonline.com, a blog devoted to marijuana activism, quoted Mueller as saying, “At some point in time, a court may decide this status to be unconstitutional, but this is not the court and not the time.” Her original decision to hear the issue was brought on by defense lawyers for accused marijuana growers.
Had she made a favorable ruling to lower the drug’s classification status, it could have proven to be a pivotal point in the marijuana legalization battle. However, her decision to not remove pot from its precarious classification will greatly slow the anti-prohibition roll. Director of California’s branch of the National Organization for the Reform of Marijuana Laws (NORML), Dale Gieringer, says that until the case against the marijuana farmers is settled either late this year or early next year, Mueller’s ruling cannot be appealed.