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AirTalk

Cannabis’ classification called into question in federal court

BERKELEY, CA - MARCH 25:  One-ounce bags of medicinal marijuana are displayed at the Berkeley Patients Group March 25, 2010 in Berkeley, California.  California Secretary of State Debra Bowen certified a ballot initiative late Wednesday to legalize the possession and sale of marijuana in the State of California after proponents of the measure submitted over 690,000 signatures. The measure will appear on the November 2 general election ballot.  (Photo by Justin Sullivan/Getty Images)
One-ounce bags of medicinal marijuana are displayed at the Berkeley Patients Group March 25, 2010 in Berkeley, California.
(
Justin Sullivan/Getty Images
)
Listen 13:05
Cannabis’ classification called into question in federal court

Marijuana will remain classified under the law as one of the nation’s most dangerous drugs after a federal judge denied a motion on Tuesday challenging the constitutionality of its classification as a Schedule I narcotic.

Judge Kimberly Mueller of the Federal District Court in Sacramento said that while marijuana’s Schedule I status may be ruled unconstitutional at some point, now is neither the time nor the place for her do it.

The Drug Enforcement Administration defines Schedule I narcotics as “drugs with no currently accepted medical use and a high potential for abuse. In addition to marijuana, other Schedule I drugs include heroin, ecstasy, and LSD. Schedule II drugs, which are defined as having slightly less potential for abuse than that of Schedule I drugs, include cocaine, methamphetamine, and oxycodone.

Should marijuana be classified among the nation’s most dangerous drugs? What does this ruling mean for the pro and anti-legalization movements?

Guests:

Kevin Sabet, founder of Smart Approaches to Marijuana (SAM) and director of the University of Florida Drug Policy Institute

Paul Armentano, deputy director of the National Organization for the Reform of Marijuana Laws (NORML). He was also the principal investigator for defense counsel in this case