There is a case in California that could change the Feds stance on how MJ is Scheduled, which at the moment has been pushed back several times and I've been attempting to pay as close attention to as possible. But I'm not seeing much in the way of anyone talking about it for months now - it has me confused The majority of the most recent posts or comments come from a Lawyer and his own writings, but no one else is talking about this Most of everything can be seen here http://edca.typepad.com/eastern_district_of_calif/schweder-marijuana-case/ I'd like everyone else to be aware of what is going on as it seems many might not have any idea this is on a current docket
I think I remember reading something about a ruling sometime in june? Also read something that this would only effect the schedule status in that federal district? Not sure if thats true, or if this could get appealed to higher districts like scotus.
It was posted up in a number of places months ago but has seen several delays and was supposed to have been announced TODAY 3/25/2015 - and was pushed back to 4/15 - just before 4/20 - Not sure if the Judge picked this date by happenstance or if its to garner additional attention to the case This would be a ruling from a Federal Judge so it should be a ruling that would have standing in ANY Federal Jurisdiction It could effect the standings across the country as it would be claiming that the current Scheduling to be unconstitutional I'm not sure about you but the constitution isn't something that is typically only enforced at the level of a federal district - this should effect our country as a whole With how little people seem to know about this case perhaps I need to put it in the News section as that is what this is to copy from the linked article so you don't have to go to another website " \tSchweder Marijuana Case Postponed Again (Hearing April 15)[SIZE=13pt]Yesterday, in United States v Schweder, et. al., No. 2:11-cr-0449-KJM, Judge Mueller cancelled the March 25 status conference and scheduled a new conference for April 15, at 9:00 a.m. in courtroom 3. This is the case where the court held an evidentiary hearing on the defense's motion to dismiss federal marijuana charges on the grounds that (1) the feds' classification of marijuana as a Schedule I controlled substance without any accepted medical use is unconstitutional; and (2) the uneven enforcement of federal marijuana laws violates the Equal Sovereignty principle in the Constitution."[/SIZE] It would get an appeal filed by the DoJ for sure but so does every case that is ruled against them
Nope it would not change the federal status on the controlled substance act..that takes congressional legislation. But that has been done this month...
Yes purposed.. but if your following it then you would know ow it is basically a for sure but takes a little time. I never said it was already set In stone. I just stated that it has been done as in the legislation as I stated in my post. there not going to and can not just because the shweder case.and if so it as well would be just...purposed. but ya got to purpose it before it can be in acted
Thanks for running in another direction with my topic but it would be a ruling that would be appealed and that would head up to the Supreme Court. These rulings have as much chance of effecting the current standings of our legal system as said legislation in the Senate. A purposed bill can sit for some time before it even reaches a vote and it might get hacked up into something we don't want to be passed due to regulations it could impose on us while saying it's now "legal" - the government works in mysterious ways at times (ie tax stamp laws) Judges rulings - generally at the Supreme have caused for near immediate passing of Acts and bills and this ruling could cause that bill to be passed due to the public opinion of the country changing and our government wishing to reflect its population as such It is a ruling which potentially piggy backs on the legislation you link but my initial point it is being ignored or just plain overlooked by most people Anyone with any interest in the Judicial Systems stance on Medical MJ should at least care this case is closing soon and be informed of its outcome
As far as medical marijuana goes, schedule 2 is not good. Yeah, it legitimizes medical use, but about as much as cocaine is legitimized. It really works toward the favor of biotech and prohibitionists. New states coming onboard with medical programs will regulate the snot piss out of it under schedule 2. To hell with it man. Go for the gold and just legalize it.
Federal district judges, to my knowledge, can't change a law. So if this judge says that the schedule status is unconstitional, well, then, that's just their opinion man. Now, if the prosecution appeals to a higher court, then we're on our way to changing the law through the court system. Course SCOTUS can only do that. Prosecution could choose not to appeal and nothing would change. Only that a federal district judge in ONE case ruled in that the schedule status of marijuana is unconstitiutional. Big deal. Another district judge could take that case under consideration for future rulings, but ultimately rule the other way. LIke watching a cat chase it;s tail.