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BarryDonegan
02-13-2015, 02:37 PM
http://benswann.com/federal-judge-may-declare-pots-classification-as-schedule-1-narcotic-unconstitutional/

While hearing a criminal case in which 9 California men are accused of illegally growing medical marijuana, federal Judge Kimberly J. Mueller said she is seriously considering the defense's argument that the charges should be dropped and that marijuana's classification as a Schedule 1 narcotic is unconstitutional.
tod evans
02-13-2015, 02:47 PM
Worth the read even though it pissed me off...

(Every time I read a DA's testimony it pisses me off!):mad:
morfeeis
02-13-2015, 04:05 PM
Worth the read even though it pissed me off...

(Every time I read a DA's testimony it pisses me off!):mad:

Let me add to your rage; you pay them and they only go after people they dont agree with and if one from their group gets in trouble they will go as light on them as they can. If they are against a cop, they might be more helpful for them than a defense lawyer.
willwash
02-13-2015, 04:08 PM
“We’re not saying that this is the most dangerous drug in the world. All we’re saying is that the evidence is such that reasonable people could disagree.”

If that's the best they can do, that is weak sauce. Weak, weak, weak sauce.
mrsat_98
02-13-2015, 04:40 PM
wonder what schedule would be appropriate. http://www.deadiversion.usdoj.gov/schedules/


over the counter or under the counter ?
jmdrake
02-13-2015, 05:28 PM
“We’re not saying that this is the most dangerous drug in the world. All we’re saying is that the evidence is such that reasonable people could disagree.”

If that's the best they can do, that is weak sauce. Weak, weak, weak sauce.

The DA knows exactly what he is doing. This type of law falls under rational basis review. It's kind of a misnomer. What it basically means is that if the government can articulate a reason for the law, no mater how stupid that reason is, as long as it can articulate one, the law should be upheld. Rational basis review is itself irrational.
Sonny Tufts
02-13-2015, 05:31 PM
The Supreme Court upheld a ban on medical marijuana in Gonzales v. Raich, 545 U.S. 1 (2005). I don't see how Judge Mueller can get around that ruling (which I think was wrongly decided).
Spikender
02-13-2015, 05:34 PM
The DA knows exactly what he is doing. This type of law falls under rational basis review. It's kind of a misnomer. What it basically means is that if the government can articulate a reason for the law, no mater how stupid that reason is, as long as it can articulate one, the law should be upheld. Rational basis review is itself irrational.

Pot bad. Jail Time Good.

Upheld.