A federal judge today denied a motion challenging the constitutionality of cannabis’ classification as a Schedule I prohibited substance without any accepted medical utility.
Judge Kimberly J. Mueller of the Federal District Court in Sacramento, California issued her oral ruling during a 15-minute court hearing today. Judge Mueller heard closing arguments in the case in early February but had postponed her decision on several occasions. Her written opinion is not yet available but is expected to be posted publicly by week’s end.
“At some point in time, a court may decide this status to be unconstitutional,” Judge Mueller said from the bench. “But this is not the court and not the time.”
Defense counsel intends to appeal the ruling.
In October, defense counsel and experts presented evidence over a five-day period arguing that the scientific literature is not supportive of the plant’s present categorization. Lawyers for the federal government countered that it is rational for the government to maintain the plant’s prohibitive status as long as there remains any dispute among experts in regard to its safety and efficacy. Defense counsel — attorneys Zenia Gilg and Heather Burke of the NORML Legal Committee — further contended that the federal law prohibiting Justice Department officials from interfering with the facilitation of the regulated distribution of cannabis in over 20 US states can not be reconciled with the government’s continued insistence that the plant is deserving of its Schedule I status under federal law.
Paul Armentano, NORML’s deputy director who served as the principal investigator for defense counsel in this case said: “We applaud Judge Mueller for having the courage to hear this issue and provide it the careful consideration it deserves. While we are disappointed with this ruling, it changes little. We always felt this had to ultimately be decided by the Ninth Circuit and we have an unprecedented record for the court to consider.
“In the interim, it is our hope that lawmakers move expeditiously to change public policy. Presently, bipartisan legislation is before the House and Senate to recognize cannabis’ therapeutic utility and to reschedule it accordingly and we encourage members of Congress to move forward expeditiously to enact this measure.”
In a brief filed with the court by the federal government, it contended: “Congress’ decision to treat marijuana as a controlled substance was and remains well within the broad range of permissible legislative choices. Defendants appear to argue that Congress was wrong or incorrectly weighed the evidence. Although they failed to prove even that much, it would be insufficient. Rational basis review does not permit the Court’s to ‘second guess’ Congress’ conclusions, but only to enjoin decisions that are totally irrational or without an ‘imaginable’ basis.”
They added: “Congress is not required to be ‘right,’ nor does it matter if the basis on which Congress made its decision turns out to be ‘wrong.’ All that is required is that Congress could rationally have believed that its action — banning the production and distribution of marijuana — would advance its indisputably legitimate interests in promoting public health and welfare. Because qualified experts disagree, it is not for the Courts to decide the issue and the statute must be upheld.”
Said Armentano, “The continued Schedule I classification of cannabis, in 2015, in self-evidently ridiculous. But unfortunately, the law may be ridiculous and still pass constitutional muster.”
He added, “The judge in this case missed a golden opportunity to demand that federal law comport with available science, public opinion, and common sense.”
Legal briefs in the case, United States v. Schweder, et. al., No. 2:11-CR-0449-KJM, are available online here.
Stone age thinking
So , I wonder how much palm greasing was necessary for judge Mueller to uphold the unconstitutionality of cannabis scheduling classification?
Just another case of a judge that’s too much of a coward to follow facts and logic. way to pad your pockets with false crimes. there is no reason to thank a judge for hearing a case. its her damn job. which she only half asses. Its lazy pocket trolls like her that have ruined the system to begin with
“All that is required is that Congress could rationally have believed that its action — banning the production and distribution of marijuana — would advance its indisputably legitimate interests in promoting public health and welfare.
It is reasonable to counter argue that they could not have rationally believed that cannabis prohibition would advance its interest in health and welfare. The policy had already been to put to test with alcohol prohibition. It failed completely, and cannabis prohibition has failed equally as completely. I believe many in Congress are familiar with the aphorism regarding doing things over and over and expecting different results, they mention it regularly. It’s brought up to point out irrational expectations or behaviors by opposition members.
It sounds like the government argued that it is constitutional for congress to be wrong but not irrationally so. To which I say here is an example of being irrationally so, despite the disagreement of (so called) experts.
I would also argue that nowhere does it say Congress is Constitutionally bound to listen to expert advice, and even if it did, the idea that such advice cannot be parsed by courts is absurd once it is reasonably demonstrated that Congress has acted irrationally.
While I was hoping Mueller would have a pro-legalization decision, it doesn’t surprise me one iota that she upheld prohibition. It’s the same old story while such people are in their installed office, and then after they are out of office, retired, whatever they come out in favor of legalization. Former Mexican presidents do it all the time.
It’s that whole international WHO schedule and the international treaties shit. The American people will simply have to keep ignoring the illogical bullshit that the feds because WHO won’t reschedule and so the feds won’t reschedule, and everybody’s too fuckin’ lazy to do the work necessary to petition the Secretary General, and the dicks in WHO itself are just doing as little as possible in order to keep collecting a paycheck.
There’s the interlocking cannabis as the new Jim Crow to keep basically a permanent underclass generation after generation that lives in the inner cities and resorts to violence to settle disputes. The military part of the complex needs there to be poor people used to violent acts to direct their skills in the name of big profits for the defense contractors and their shareholders to use to go abroad and ensure profits. Note how the VA is underfunded, and can’t keep up with taking care of veterans properly. I heard the latest VA scandal about the Philadelphia VA audit where they were changing the dates and there was something like a year backlog for patients.
How will there be a permanent underclass when we abolish the new Jim Crow, legalize cannabis? Where will the violent youths desperate to escape poverty come from to enlist in the all volunteer armed forces?
Now it’s up to Congress and the CARER law. Congress is a do nothing body whenever it comes to anything pro-cannabis, and I’ll be amazed if they actually take any kind of action to move legalization forward soon. They’re more likely to stretch it out and put the issue off to maximize election donations.
Mueller, I’m so disappointed in you, yet not surprised. You could have gone down in history on the right side, the correct side of the cannabis issue, but you took the low road, easy way out, servile compliance. Shame on you.
[Paul Armentano responds: The Judge has yet to issue her written ruling so we can only speculate as to her reasoning. That said, she acknowledged from the bench that our witnesses were credible which infers that had strict scrutiny been employed rather than rational basis we may have had a different outcome. The rational basis burden is exceptionally low and the government argued that the mere fact that a single credible expert would support keeping cannabis as Schedule I would thus make the federal law rational.]
Damn……
Well when you don’t have to be right in a decision and you still have it go in your favor, I think we have more problems with our courts than with cannabis. This isn’t weighing evidence it’s personal choice.
I think all those postponements just gave more opportunity for the bad guys to pay her off. My heart sunk when I saw this, but looking at the big picture I really don’t think this will matter. Momentum is still in our favor and people will continue to open their eyes.
Two words on this judges mind: Job Security
Two more words on this judges mind: Career Suicide.
Hey lady judge grow some balls & make a fair decision.It feels like the Republicans whispered in your ear.
Another Judge CAVES! to the System, The Government is the joke here if it has to stay a schedule 1 drug and has no medicinal value then why is the government the Patent holder? control issues it looks like. If they want the money from it Legalize it and tax it the same as booze and cigarettes and why is a Canadan Pharma Company now using the US Marijuana Patent?
Really disappointed in her decision. If she went the other way it would’ve kicked the door wide open. Damn…….
Complete and utter nonsense, she should go back to the cave where she came from. you want a schedule 1 drug, try liquor!!
What a dumb ass judge.
So they ignore the science….
Nothing new I guess.
How can people with Obsessive Compulsive Personality Disorder make good decisions?
Keep on rubber stamping Bullshit laws, keep on making US (the United State) disrespect you.
Free my ass. Fuck you scum.
“but only to enjoin decisions that are totally irrational or without an ‘imaginable’ basis.”
This is exactly what Marijuana Prohibition is. There is no rational basis for congress to believe marijuana is dangerous or that banning the material help achieve any public safety goals. It is completely I-fucking-rrational.
I guess u.s. patent 6630507 was not brought into this debate? Not one mention to the utter contradiction of this plant being a controlled 1 substance? If the u.s. government has a patent on the medicinal properties of specific indecision found in the plant, how can it be deemed to have no medicinal benefit?
You know what, I’m tired of all these politicians and Lawyers on all sides of the fence. For this patent not to be introduced into the discussion is a smack in the face to every tax paying citizen.
[Paul Armentano responds: The US patent was indeed highlighted by defense experts and in our legal briefs.
For years myself and several of my friends could not
Believe that cannabis would ever be classified as a
Schedule 1 drug . In our opinion ,it was schedule wrong from the beginning.
Well, that Kim Mueller makes history after all, the hideous witch.
Disappointing, really disappointing.
Definitely a shame, but we can’t fault Judge Mueller. She was in no position to make a political stand by challenging the status quo, and so she took the easy route of sticking to the letter of the law.
I don’t hold much hope for a successful appeal by the defense because as others have pointed out the prosecution is simply better equipped in this instance.
On the other hand, I definitely don’t think this is the last we’ll be hearing about this issue in the federal courts. The tides of change are crashing at the government’s gates, and it’s even becoming politically advantageous to be pro marijuana reform.
This is a fail judge with low education skills.
Even the government’s witness admitted that marijuana is medicine. That wasn’t clear enough. Marijuana users are officially subjects of the US government; everyone else are citizens.
This judge claims a parent that uses marijuana to help treat their child’s brain cancer is indeed a criminal–and that is nothing short of ridiculously biased claims of snake oil salesmen. We already know marijuana is medicine, but they want to sell us their snake oil, cancer causing chemo instead and it is pathetically transparent.
Patent No. 6630507 held by the U.S. Department of Health and Human Services covers the use of cannabinoids for treating a
wide range of diseases.
This is a fact.
It’s undeniable.
This judge’s decision is suspect to say the least.
She should be ashamed.
We the people know cannabis is benificial as medicine, won’t kill you, fun and can be used for many differing things such as food, fuel, clothing and building materials. The medium of media’s psychological damage brigade perpetuated upon the US and the globe through the demonization of cannabis in the early 30’s up until now has embedded itself alongside a strong fear deep within the psyche of humanity. If the judge is still too blind to see even with the simplicity of the facts right before her eyes, the fact that our very own government has a patent on it for medical reasons, the fact that the FDA has recently granted trial tests for medical research on patients, the fact that the NIDA recently associated cannabis with ability to kill deadly brain cancer, the fact that 23 states and our capital have hundreds if not thousands of doctors prescribing cannabis for medicinal reasons, the fact that our very own government produces cannabis in Mississippi and supply’s tin can barrels to patients god-fathered into its program, the fact that tomorrow the state of Georgia’s governor is signing a law allowing CBD oil for a number of ailments like many states have moved to do quickly for the benefit of helping children with epilepsy. The fact that cannabis has never killed one soul on this planet. Yet it’s illegality and unjust classification has ruined countless lives. Countless lives have been ruined and many other lives are still in jeopardy of being ruined due to cannabis prohibition and it’s unjust scheduling.
I’m sorry your honor, I find it hard to find honor in your decision. Our judicial system has failed us once again. From now until the end of this unruly war on cannabis perpetuated upon the citizens of these United States and abroad we the people must raise our voices in the streets, at our capitol buildings, courts of law, towards our politicians, on social media and end this embarrassing part of our country and world history. We helped to perpetuate it around the world with the skillful help of lies from those we trusted. Now we must undue what has been done. God Speed everyone.
Just another judge toeing the company line. Not quite as unbelievable as the judge who ruled GM not responsible for killing 89 people because they emerged from bankruptcy a different company; (same name, same workers). You and I get the death penalty and a “company” walks? Justice is fleeting today.
Btw, always ask for a trial by jury if you’re in trouble. Better to have 12 people deciding your fate instead of 1.
This sounds so familiar: “At some point in time, a court may decide this status to be unconstitutional,” Judge Mueller said from the bench. “But this is not the court and not the time.”
I guess the war on marijuana must go on until the federal drug warriors can come up with “peace with honor” solution by providing another crusade against the American citizens with the support of the “silent minority”. I wonder what’s this new doctrine will be named after?
APPEAL!
NORML, we can crowdfund and take this to the Supreme Court!
Thank you, Paul Armentano for all the vital work you provided. We ‘ve got your back: Let ‘s appeal!
no one really knows why the government no longer listens to the will of the people. But my guess is it all about the money. it is sad how this government ignores WE THE PEOPLE. THE new saying for this country should be where’s the money. How sad it is to see good people’s lives be ruined for using a safer natural substance all because someone is getting rich. How these people sleep at night is beyond me.
I do not understand? This life-giving plant deserves its rightful place in society. The new kid on the block in the words of Dr. Grinspoon. What will it take for the solutions be allowed to emerge out into the open for everyone to see, feel,smoke, taste and touch what is our birthright as human beings having a spiritual experience on earth. Cannabis can help us all create a more creative, peaceful and green world. Hemp as well. No corporations, only coming from people who grow it out in the sun. We have our constitution, we must demand that it be respected. They cannot just throw people into prison for payroll reasons. They cannot and will not continue to destroy the biodiversity on this planet. In all the ways that they do. Hemp and Cannabis were placed here for a reason. No Government should continue to be allowed to harm its own people in the disallowing of them to use a medicine, in fact the only medicine. We do not need more prescription overdoses. This Judge is a coward. We should just junk the Controlled Substances Act put it in the shredder including every other acts that either directly or indirectly destroys and violates civil rights for people who are human beings that have value and a purpose. They are essentially violating or being now our existence. Taking it away by continuing to support the continued enforcement of laws that cannot and should be enforced. Nickelback calls it a revolution. Use your voices people. Wake the fuck up! Evolution is happening. Cannabis allows us to adapt to change.
“They are violating or existence in regards to our evolution.” Our ability to better embrace change is easier with phytocannabinoid activity. Did you see the recent tornado that killed two people and caused a ton of damage. Memories are involved and more intensely ingrained after trama. Its called PTSD. Our ECS endocannabinoid activity system enjoys the stimulation from cannabis constituents. She teaches us to slow down. Relax. Breathe. No more competition. No more war. Only balance and harmony. Giving back to the earth. Otherwise I think we are in for rough ride. She has been with us since the ancient days. The feminine energy. Marijuana. Ommmmmmmmmmmmmmmmmm The Reliever of Distress. http://www.benefitsofmarijuana.com/
http://www.benefitsofmarijuana.com/order_cancer.php
https://www.paypal.com/us/cgi-bin/webscr?cmd=_flow&SESSION=bDHFURqPCOMcYCTCkFUgfTuNEKa3nNSqeliv8_L8Av2MOEpc83rPNWdRmxa&dispatch=50a222a57771920b6a3d7b606239e4d529b525e0b7e69bf0224adecfb0124e9b61f737ba21b08198ecd47ed44bac94cd6fd721232afa4155
http://www.amazon.com/Marijuana-Gateway-Health-Cannabis-Alzheimers/dp/098342618X
Om Ganesh Om
When IS the time, Judge?!
I think the Federal Govt. Should be liable for all the lives they’ve ruined because of lies, propaganda and suppression of research that THEY commissioned (La Guardia Commission). I don’t see where it is any less direct and any less harmful than someone who perjures themselves and caused another to be imprisoned.
I wish I still had the political freedom in this Draconian state to make some comment like, “Where are the Weathermen when we really need them?!” But that, First of all Liberties, is dashed–so I will not say it….
Plaintiffs completely failed to adress the required Constitutional Amendment, which, being absent – substantiates nullification of the prohibition. Congress can only prohibit the substance that the Constitution was originally constructed of – by doing it correctly, with an Amendment. We can further extrapolate on the Tenth Amendment, revisit the Comnerce Clause preclusions, and cite the pertinent relevance of ubiquitous, even historical courtroom and capitol building uses, of same Genus and Species, in question. Plaintiffs have no excuse for this neglect, again and again and again, in these courts…!
It’s almost like some of these people think they own other people.
Like all of you I was hoping the judge would conclude this case based on it’s merit. I hoped she would be honest and decide based on the overwhelming evidence that cannabis should not be listed as a schedule 1 drug.
I think maybe that is what she intended at first. However, during that time I highly suspect that she and perhaps her family has been threatened by those that oppose the truth and want to continue prohibition for now… Of course I could be wrong, but I think I am probably correct.
Marijuana has been ILLEGAL for over 70 years!
What are the results?
*Today marijuana is America’s #1 cash crop.
*Marijuana is stronger and easier to get than ever before, albeit much more expensive than it should be. To smoke casually from the “black market”, it will run you $100/month. This is much more expensive than it needs to be. More expensive than my cell phone ($20/month from Tmobile), car insurance ($25/month from Insurance Panda), netflix ($10/month), and gym ($15/month from PF) COMBINED!!! Would you rather put money into the hands of violent gangs and drug dealers… or into taxes for schools, hospitals, public infrastructure, etc.???
*Today American kids can buy marijuana easier than they can buy a beer.
*Today marijuana is the #1 source of income for violent drug gangs and drug cartels who are richer and more dangerous than ever before.
*Guns are illegal in Mexico yet Mexican drug cartels are buying machine guns, rocket launchers, grenades, airplanes, armored vehicles, anti-aircraft guns, and even submarines.
*The DEA has been having sex parties funded by drug cartels.
The ATF/DOJ has given thousands of guns to drug cartels.
*There are over half a million Americans in jail right now for non-violent drug crimes.
I have this stupid thing I do called THINKING, and clearly I can see that marijuana prohibition can never work! America should have learned this simple lesson from alcohol prohibition!
” “At some point in time, a court may decide this status to be unconstitutional,” Judge Mueller said from the bench. “But this is not the court and not the time.” ”
In other words, ~’while it is reasonable one might question its current legal status as concretely lacking any medical use, my palms are so greasy I couldn’t hold a pen to sign off on anything contrary to the will of my benefactors’
Backwards…Darkly!
This “ruling” is “way over the top”?
Morons still rule
Thank you again, Paul, for your quick response to this utterly terrible, incorrect and contrived decision by Judge Mueller. As disappointing as this is, it’s reassuring that NORML had planned to take this to the 9th circuit all along, and the very fact she heard this case and gave credibility to witnesses in the Defense is encouraging as this case makes its way up through the court system.
“Rational basis review does not permit the Court’s to ‘second guess’ Congress’ conclusions, but only to enjoin decisions that are totally irrational or without an ‘imaginable’ basis.” They added: “Congress is not required to be ‘right,’ nor does it matter if the basis on which Congress made its decision turns out to be ‘wrong.’ All that is required is that Congress could rationally have believed that its action — banning the production and distribution of marijuana — would advance its indisputably legitimate interests in promoting public health and welfare. Because qualified experts disagree, it is not for the Courts to decide the issue and the statute must be upheld.”
First of all, who are the “qualified experts” that the government’s attorney speaks of? Dr. Madras did not provide a cent worth of credible scientific evidence to this case as Mr. Armentano most certainly did. And one of the government’s witnesses was so eager to pitch a line that Marinol was better than herbal marijuana that he actually ADMITTED marijuana was medicine under OATH! That’s a direct contradiction to the Controlled Substances Act. Can’t Judges be sanctioned? This has to be pointed out in the appeal. I mean, who wrote this summary, GW Pharmaceuticals?
If Congress doesn’t have to be right, that doesn’t mean that the prosecution does not have to be right. That’s why it’s called JUDICIAL REVIEW Mueller. (Jeez, can’t wait to read the bull$hit excuse she wrote up in THIS decision).
Wait.. let me check… Yup, two wrongs STILL don’t make a right.
Oh well; perhaps there is an advantage here in the Defense writing the appeal.
I realize from reading this blog that many people are not aware of how much evidence Mr. Armentano brought to this case, including patent 6630507 (and what an incredible hypocrisy that Mueller couldn’t qualify the government’s own PATENT on cannabinoids as an “imaginable basis” … I mean, if the government’s own PATENT on cannabinoids as neuroprotectants doesn’t qualify as an “imaginable basis” for descheduling marijuana from having “no medicinal value” than FOR THE LOVE OF GOD WHAT DOES??!!)
Question Paul: Is there still time to add to this appeal that there is rational basis that one of the witnesses, Sgt. Begin, has been discriminated as a veteran and a soldier by denying him medical treatment for PTSD using marijuana and exacerbating his condition with opiates?
It seems to me like what this case is lacking is a more personal defense based on racial and/or ethical discrimination of the infirmed.
The majority of congressmen should be thrown out next election! They could change this stupidity but choose to continue it. It is Un-American to discriminate against people the way the prohibitionist laws do. It is downright criminal the way billions of dollars worth of assets are seized across this country.
I really hope the people of this country look and think really hard during the 2016 elections and ultimately realize that throwing the bums out is the right choice for all of us!
Look her up on youtube. She’s nothing more than a common criminal! She has absolutely NO legitimacy at all. Neither does she merit a modicum of respect!
How about a new referendum called ACACG Act.
American Citizens Against Corrupted Government. Mr. Rand Paul’s CARERS Act is just another slap in the face that the mainstream can’t see through as of yet. It only helps veterans and not the actual citizens, which is nothing more than a continuation of prohibition for everyone else and gives the government criminals more leeway to continue to enforce their unjust prohibition against the people. I will not be voting for mr. Paul or the CARERS act, it’s just more smoke and mirrors.
Follow the Money?
When are we going to start firing these government workers who don’t share public opinion.
“At some point in time, a court may decide this status to be unconstitutional,” Mueller was quoted as saying “But this is not the court and not the time.”
What is the purpose of The Constitution?… if it does not apply… in Federal Court?
Travesty of Justice …comes to mind.
Who do the people have to pay off to get laws changed in this country? Obviously, overwhelming public support doesn’t seem to matter in any way, shape, form or fashion to the so called representatives.
If the representatives try and and say “well this is a delicate matter for some of the electorate” and they ignore the real numbers of the majority today, they should be reminded that they do that at their own peril.
Is there any people in the Congress or Senate that actually care about what the people have to say about outdated draconian laws in this nation anymore?
@Agnar150:
Sadly, Mueller was appointed by Obama. Appointing Federal Judges is one of the perks and privileges of being President. As disillusioning as this was however, don’t lose faith; This case has a good chance of getting recognized by the Supreme Court considering that more than %50 of the U.S. population will have some form of medical marijuana enacted by the time 2016 elections gets California legalized and it works its way through the Appeals process. There is method to this madness.
Meanwhile in Texas people are killed in drunk driving accidents almost everyday.Tell me why is this not considered a schedule 1 drug even thought it isn’t a drug we know it kills far worse than marijuana
“Rational basis review does not permit the Court’s to ‘second guess’ Congress’ conclusions, but only to enjoin decisions that are totally irrational or without an ‘imaginable’ basis.” So tell me again how you don’t think classifying marijuana as a Schedule 1 substance isn’t “totally irrational” or “unimaginable”?!?! Give me a break!
“I mean, if the government’s own PATENT on cannabinoids as neuroprotectants doesn’t qualify as an “imaginable basis” for descheduling marijuana from having “no medicinal value” than FOR THE LOVE OF GOD WHAT DOES??!!)”
Uhh, may I present the evidence?
https://youtu.be/WoLoHP-WRg4
my first thought is that judge Mueller got a good payday from the top 1%to uphold the present schedule…. effin shame!
Holy Kanneh Bosem! Saint Mary, Joseph and Jack Herrer! I just read the MPP blog stating CNN is releasing a Weed 3 report where President Obama is expected to restate his full support for medical marijuana and reduced incarceration!
I knew he was playing coy! This really makes me wonder what people in power have to do to get prohibitionists off their trail.
Now that this case is going to Appeals, the real question as Weed 3 airs this Sunday is what will Holder do right before Lynch takes the post as Attorney General?
I’m amazed. This is like asking a child about the chocolate on their face and they respond with,”What chocolate?”, as if the truth wasn’t written on their face.
I really just don’t get it. Congress made marijuana illegal by accident when at every turn; every single “negative aspect” of marijuana is not even a property of marijuana, but instead are properties of A) Tobacco (poor health from use) and B) Alcohol (accidents and poor health).
Judge Mueller is brainwashed, because only if you believe marijuana to have to properties of Alcohol and Tobacco in order for there to be rational basis for Congress’ beliefs that marijuana belongs in Schedule One. You literally have to be a uneducated hack to reach this conclusion.
“Marihuana” (popularly known as marijuana) was racially and illogically defined before it was scheduled.
The Congress and the Supreme Court ignored the Necessary and Proper clause, so that definition stands.
The court said, “Congress’ decision to treat marijuana as a controlled substance was and remains well within the broad range of permissible legislative choices.”
Lawyers for the federal government said, “Congress is not required to be ‘right,’ nor does it matter if the basis on which Congress made its decision turns out to be ‘wrong.'”
While marijuana should be a controlled substance, facts have shown that it should not be in Schedule 1.
Marijuana does deserve this Necessary and Proper definition which many States have implemented to control that substance:
The term “marijuana” means all parts of the smoke produced by the combustion of the plant Cannabis sativa L.
This year is a good time for the Attorney General to ‘right’ the ‘wrong’.
And this is just perfect. Look, is that Stephen Colbert? “Marijuana is not a drug! I used to suck dick for coke!”
Wow, that was Bob Saget??? That makes it even funnier!
I thought federal judges were supposed to be brave and not show such blatant cowardice. If our vote can’t make the required changes, revolution will. Violent and aggressive, global demands for a fair share of available resources.
It seems that Congress makes rules for themselves that only they can change. This is not my idea of democracy! It flies in the face of everyone who believes in freedom, liberty, justice, and that they have the right to pursue happiness.
I wonder how many in congress have been “purchased” by the rich (those even richer than themselves; like the Koch Bros). It is the .1% that is controlling the lives of the rest of us as far as I can tell. Marijuana will not be legal until that .1% decides to make it so.
Chris Christie is 100% against any kind of legalization. I’m not sure if he is paid off or if he is really that friggin’ stupid!
Marijuana will not be legal until that .1% decides to make it so. – Judy
I believe Judy’s comment to be the plain truth…and those who believe otherwise to be plainly gullible.
One could argue the history of American jurisprudence demands a Court ruling based on “common sense”.
This decision defies common sense passing the point of malfeasance.
When Judges do as they are told…We have been sold…to the highest bidders?
I am an optimist by nature but view this decision as totally negative.
Does Justice still reside in America’s Courts?…I can’t tell!
Rational Basis Review is an affront to the Constitution. If it were in effect 95 years ago, we would not have needed the 18th Ammendment (Prohibition of alcohol). Alcohol was considered a scourge of our society, so by a Rational Basis Review Prohibition of it was within Federal Power to prohibit. What has changed? How has our Constitution become so ineffective and weak? Why aren’t those who have sworn to protect and defend the Constitution been held accountable? Why do the Feds have the power to control if and when a State can be a laboratory of Democracy. Do States get that power from the Feds, or the Constitution? The Judicial Branch is supposed to hold Congress in check. If now isn’t the time, and Federal court is not the place, then when is the time? And, where is the place? Why is the Judiciary afraid to do their job?
Angry.
@Dave:
“And I SEEN him!!”
@ locked out of my shed, and others who fear the con$piracy of bribery;
While there is no doubt that “campaign contributions” during a pending case is a very real problem within our “Justice” system, we could speculate a better story with the DEA’s threat machine and unlimited tax payer barrel of funds to tap into.
But the reality is that a Federally appointed judge has to weigh out the timing of an appeal very carefully between Congress and the President’s agenda (especially the one who appoints the Judge, in this case Obama), any potential executive orders, the climate of Congress passing the Carers Act, and ultimately the will of the people.
With Obama’s coy little announcement in favor of mefical marijuana scheduled during Dr. Sanjay Gupta’s Weed 3 documentary scheduled 9-8central this Sunday, we can just as easily deduce there is an ulterior motive in Mueller’s decision that places the President in the limelight, right when
1.attorney general Holder is about to retire
2. Congress has had time to review the Carers Act
3. Presidential candidates have finally had time to declare their position
4. The latest Pew Poll shows increasing support for legalization, especially medical
5. Handing the Appeal to NORML’s legal team does not end the Judicial review or the credibility of the Defense’s witnesses during the appeals process
6. Obama can get into the “limelight” and steal some of Rand Paul’s thunder by descheduling marijuana medically and making legalization a presidential debate issue
and
7. As the Brookings Institute reported, descheduling marijuana medically will be much easier for the U.S. to accomplish under international treaties compliance.
In other words, Mueller passed the fame of descheduling to the man that got her appointed without quashing the question or credibility of the defense entirely. As Mr. Armentano said, NORML’s legal team never intended, no matter what the expense, to end this battle without appealing to the 9th circuit. And these Federal appeals ARE expensive, so let’s break out the checkcard and give the NORML legal team a donation for our money well spent!
Between Weed 3, the President’s pending speech, 23 states and the District of Columbia, Attorney General Eric Holder’s record and comments from the new Surgeon General, The climate has never been this primed for descheduling medical marijuana by executive order. Congress has had enough time to chew on the Carers Act, and way passed time for them to do their job. The time is now Mr. President; tear this wall down!
Here Here Mr. President – Tear down the wall!!!
The wall divides us in a way that greatly damages our nation in ways most prohibitionists either aren’t aware of or in ways they profit from. The wall has to go Mr. President.
Don’t count on the Do-Nothing Congress to get the job done! Show them you mean business.
Yes We Cannabis 🙂
Hillary needs to come out and take a stand on legalizing marijuana in the wake of any executive order. The Clintons don’t have a great track record with Bill’s S.O.D. Program in the mid 90’s that got all this unwarranted surveillance by the DEA, fabricated “parallel” evidence and asset forfeitures without due process into full swing. The Presidential thing to do is pull a Cuba like Obama and say “45 years of bad policy didn’t work and it ‘s time to try something new.” Don’t just try and hide your emails Billary unless you want to get your @$$ handed to you in debates by the “yes to legalization but no department of education” Libertarians. (God bless Rand Paul for the work he’s done with Senator Corey Booker, D-NJ, on legalization and reduced sentencing but some of the things Libertarians say when you corner them on policy is just goofy… What are we going to do with millions of poor children who can’t afford a private education? Feed them to the rich? Please. If it wasn’t for fairly taxed marijuana in Colorado we wouldn’t be having a Presidential debate about marijuana right now at all).
As I’ve said before, even though the time is right for an executive order, Obama has to urge Congress to work together and reverse prohibition. Call them out. Or Another president could reverse an executive order…
Mueller’s excuse is “not my job”. Really? What does she do? Saying “there’s no credible evidence to change its status”. This person sat through hours of testimony and didn’t hear a thing. Her saying “it’s the most dangerous drug.” is wholly irrational and unprovable.
Sadly, this is what our elected and appointed “leaders” have become. Spineless blowhards, for sale to the highest bidder. Change will not come from above as we continue to see time and time again. It’s a shame really. This Judge had an opportunity to begin the healing process that this nation has needed ever since the introduction of the war on some drugs. Just like her peers though, she won’t cement a place for herself as a hero and patriot. Instead she is just another wart on the ass of the joke known as the Government.
Judge Mueller’s written order is available here
Edca.typepad.com
Attorney John Balazs has done an excellent job posting and keeping track of this case. Thank you sir for your service. People should read the link.
One point that is very important to share here is that this case is not about descheduling marijuana, but instead the defense insists that the entire CSAct is unconstitutional, to which Judge Mueller responds:
“If the court were to find that Congress acted unconstitutionally in placing marijuana in schedule 1, marijuana would no longer be considered a Controlled Substance because it is classified as a controlled substance only under schedule 1. Stated simply, if marijuana were absent from that schedule, [the defense ] could not be charged with violation of sec. 841 (a) and 846 and the sentences of 841, 844 would not apply.”
Its as if Mueller is punishing the defense for tackling the whole CSAct while simultaneously throwing them a big bone to take to the 9th circuit; all they need is for the Attorney General to deschedule cannabis as allowed by the CSAct in order for the entire case to be dismissed.
Its that simple. The defense doesn’t even have to establish Article III, or dig up medical marijuana patients directly discriminated by the arrest of the men in the defense, injury in fact, causation or redresability; Eric Holder could come out and deschedule marijuana during appeals and this case is over…
That is, unless the defense wants to continue to take on the entire CSAct and fight this case all the way through trial to the Supreme Court. Armentano? Yeah, that’s what I thought.
If this is the case, Mueller’s written Order is paving the way; if the entire connection to discriminatory arbitrary classification, or in this case, the unconstitutional incarceration of the defense compelled by the evidence upheld, the credibility given to the witnesses, the Judicial Notice of the Surgeon General’s comments over the efficacy of medical marijuana followed by the rejection of the government’s objections leads up to a show down with the credibility of the government ‘s expert witness, Dr. Madras.
So here’s your ammunition legalizers:
Dr. Madras has never conducted studies on human subjects. Dr. Hart, witness for the defense has on over 12,000 patients to date.
Dr. Madras contests the “high potential of abuse” for marijuana, but the Centers for Disease Control has no record of any cause of death directly related with marijuana on any subject controlled for 30 days from legal opiates, or alcohol and tobacco, which are not scheduled at all, and produce the leading causes of death currently recorded in the United States.
Finally, the upheld evidence presented by Mr. Armentano shows indisputably that Dr. Madras’ report of “lower IQ” in adolescents should be stricken from the record non pro tunc by amendment. There isn’t any validity in Dr. Madras’ “expert” opinion here, because her research doesn’t carry any scientific merit. If the Judge wants to give Madras credibility based on her career status, then attack her character based on conflict of interest; as an employee of the ONDCP from 2005-2008 Dr. Madras was obligated to deny the medial efficacy of marijuana under the same unconstitutional CSAct in question, using our tax dollars. Therefore the testimony of the government ‘s expert witness should be stricken from the record having caused injury to the defense by arrest and threat of unconstitutional incarceration by the unconstitutional language of the CSAct itself.
Mueller’s court had a responsibility under Judicial Review to read the CSAct if the entire Act was deemed unconstitutional by the defense. Providing NORML continues the appeal, whether Holder deschedules or not, Dr Madras’ role in the ONDCP is going to get noticed by a higher court and her testimony rejected. Mueller wrote:
“To establish Article III standing, a party must show injury that is concrete (as concrete as prison?) particularized and actual or imminent, (10 years in prison imminent enough?) fairly traceable to the challenged action (its called the CSAct) and redressable by a favorable ruling. Irredressable Constitutional Minimum required that a party suffer an invasion of legally protected interest.”
How much more invasive of a “legally protected interest ” can we find when a former head of the ONDCP who was obligated by law under the CSAct to deny the medical efficacy of marijuana gets to testify against medical marijuana growers as an expert witness?
http://www.edca.typepad.com
based on at premise, half the pharmaceuticals that are out there should be labeled schedule one.
looks like our “let’s get government out of people’s personal lives” government is hanging on tooth and nail to prohibition.
I had just graduated from High School in Cincinnati the year before marijuana was classified a schedule 1 substance in 1971. Remember the climate of the time. Protests against the Vietnam war were happening all across the country, led mainly by liberal hippies and flower children. The republican Nixon administration hated the hippies. For the first time in my life I saw the citizens of this country demand to their leadership that we GET OUT OF THE WAR. Nixon didn’t like that and I believe it was his way of getting back at the threat he perceived as liberalism. The entire Republican Party jumped on the bandwagon and next thing you know, pot was illegal with devistating consequences. Follow the actions of the Republican Party at the time. They’re the ones responsible for taking it away from us.
Some of these old grey haired f–ks are still in, that were around when Nixon started this unfounded campaign of lies. Then the Reagan and Bush years and on and on. How stupid, “Just say no”. It’s so clear, $ is doing all the talking. From the bottom to the top. Sad, so sad, that our great country has come to this. How do we turn back the hand of time? I remember the Vietnam war! No i do not believe it was mearly a 10 year conflict! Just another $ deal, that the corruption of our leaders, fed us lies! We must protect our shores! Look at the massive revolt that our country had over that! I’ll again say, I am 62/w /f I’ve lived in Canada, Ohio, Tennessee, Texas, Michigan. I’ve seen our politicians drive the wedges of racism in the early 70’s in the North, When I seen the faint line of demarcation, where there was so much hope. I have seen the absence of hatred of color in Canada to come to Texas a year later, and be aware of hangings! Through all these years I knew the truth, and I prayed that we wouldn’t keep going through the muck that our leaders keep getting us in. It’s all the same, Our sticking our nose in everyone’s business.(world treaty against drugs) Kennedy’s, King, Malcolm X, ‘Nam, Lennon, and all the shit since! MJ is just another example of the munipulation and subugation of the American people! Legalize MJ! It’s just a plant! It really shows us what the truth is! Keep toking!!!!!!
This stance alone has the biggest impact on how people see our government in this time frame. Lie-ing cheating bastards who hold no regard for scientific evidence or facts. Not falsehoods perpetrated by naysayers. Why are people quite fastly finding no regard for our legal system. THIS IS WHY!
Don’t mean to be a blog hog, but when I was joking about marijuana tax revenue in Colorado coinciding with Mueller’s decision I had no idea how “high” the tax had gotten. Colorado may even be in for a Marijuana tax refund: Check it out:
http://mobile.nytimes.com/2015/04/02/us/colorado-lawmakers-scramble-to-keep-millions-in-marijuana-taxes.html
Tobacco, Alcohol. Both of which have no medicinical properties (aside from red wine), yet they are not schedule 1 and individuals have the freedom to choose.
My defense is no states have tobacco, or alcohol enacted medically. If cannabis was more harmful, then states wouldn’t be using it therapeutically.
They would choose tobacco, alcohol. Ones that have death rates, are legal by age and do not have therapeutic properties.
This is obviously common sense. You can’t regulate something that has no medicinal value and a surgeon general warning.
Then make something non-toxic with medical benefits illegal.
If all plants are given by God for man this could quite possibly be blasphemy.
Since when has Congress not been required to be right?! When I came across this article the first time I skipped it, merely because the title made me angry. Same for the second time. The third time I decided I had to read it because I believe that both sides of ANY story deserve to be heard. I was going to hear this side. I was reading, not agreeing, but still reading, until I reached paragraph 9. “Congress is not required to be ‘right,’ nor does it matter if the basis on which Congress made its decision turns out to be ‘wrong.” I’m sorry, and maybe I”M the one who’s wrong here, but isn’t congress supposed to be RIGHT? Aren’t they supposed to be looking out for the American public, no matter which way this vote goes? The public elects these officials because we say that we trust them to do the RIGHT thing. Now, they’re saying they don’t have to. They can do whatever they want, as soon as they get in office. And people wonder why I’ve never voted. I’ve decided I’m going to register, though. And vote. This is too important.
Okay, just ONE more post off topic… Or is it?
A Congressional investigation of sexual misconduct in the DEA and other agencies in the DOJ (ATF, FBI, Marshalls etc.) reveals that sex parties paid for by cartels and U.S. Tax dollars have been the norm for the DEA since at least 2001, and all that 7 DEA agents received as punishment were two to ten days of suspension:
http://mobile.nytimes.com/2015/04/15/us/anger-over-reports-of-dea-agents-parties-and-bewilderment-at-mild-penalties.html
The reason I bring it up on this blog is because we have all been so focused on Mueller’s decision on the 15th we have barely covered this scathing report released on the 14th…
This decoy tactic of DEA-media distraction usually works the other way around… Every one is focused on a sex scandal, very reminiscent of the 2012 Summit of the America’s scandal where, after Congressional investigation it was discovered it was the DEA that showed the Secret Service where the prostitutes in Cartagena were. Meanwhile, no one paid attention to President Obama respond to international scrutiny from Latin American leaders over the failed drug war when Obama said “We will not be changing U.S. Drug Policy at this time.” (Of course he was trying to get reelected and support for legalization at the time… Just 3 years ago… was polling just below %50).
My how the tables have turned.
Now the main focus is on what we, legalizers, are focusing on. In this case it’s Mueller’s decision and the appeal of this case calling the constitutionality of the entire C.S.Act into question. Good job marijuana legalizers!
The DEA having sex parties paid for by cartels and U.S. tax dollars? Tell us something that is surprising. In fact, since this Congressional investigation kicked off back when it was discovered the DEA was involved in the Secret Service scandal, leaving laptops and weapons in the care of foreign building managers that complained of “loud noise” and “prostitutes,” what really surprised Congress at this point was Michelle Leonhart’s defense that she has “no authority to discipline her own agents.”
As Rep. Trey Gowdy R. SC, replied, “then what the hell do you get to do?”
Uhmmm… Join in the sex parties?
Attorney General Eric Holder is quoted in a memo reminding his Department of Justice about their prohibition of “commercial sex.”
Holder’s exact words were,
“I want to reiterate to all department personnel, including attorneys and law enforcement officers, that they are prohibited from soliciting, procuring or accepting commercial sex,” he said.
” prohibited” Holder said… Now where’s the irony in THAT?”
Time for some legal regulation in ALL prohibitions.
This is disgusting. Not only obvious tampering with this judge and her decision. The evidence was staggering and is staggering how schedule 1 is unconstitutional. Now where is the indictment for this judge and the few possibly DEA agents other law enforcement and politicians involvement in corruption and should be charged with conspiracy and many other charges. There is no reason why a Dr,patient, and growers should threatened by government, law enforcement or any agency… or fear of anyone or the law because a Dr along with a patient seek a healthier treatment along with growing or a farmer when it comes to cannabis. It’s time to build our nation. And better our health. Doctor and patient is a private matter and a part of our rights as Americans …the pursuit of happiness. So many things are wrong with policy and this Judge and judgement have committed a crime along with the few involved in our government that corrupted the outcome. We need to resolve those in power that have been undermining our nation’s foundation and trying to strip our freedoms and set the USA up to be destroyed and even overthrown. This issue is just one major destructive elements that has been aloud to practice such oppressive destruction to freedom. This power or law must be removed from government and leave it as a private matter between a doctor and patient. DEA doesn’t have to worry let them stop imports into the USA and end Latino drug gangs. Deem them terrorist. Leave Americans alone cannabis is not 1 problem. Stop turning an covering your eyes and allowing meth and the DEA meth drug operations inside the USA. Time to reschedule cannabis.
Judge Kimberly J. Mueller of the Federal District Court in Sacramento, California showed her complete corruption and collusion with the criminal bosses in the U.S. Government in a rigged court hearing.
How much kickback is this POS judge getting from the Drug War profiteers? I think when they open the books on these cases in the post-Drug War days it will be illuminating to say the least.
“My court is not here to judge from right or wrong. Legal from not legal…just from unjust…it’s here to waste time….duh”
Don’t want to be like this, but… It’s never going to happen. Not in our lifetimes.
Our Ruling Class Masters will allow us to do as they choose….if they choose…when they choose…based on their profit motives… and need for social control of an increasingly pliable and purposely dumbed down population/herd of exploited citizens.
What does anyone in America really think they can do about that?
Vote ?
The Ruling Class is not elected…they are born…entitled…to rule as they plea$e.
When I was a kid in the fifties, I was taught America was a classless Society and anyone could become President…the first lesson was a lie…the second part of the lesson was (ominously) proved true by the installment of G.W. Bush.
We did not elect the actual Rulers of our Nation…they were born Rulers…
Elected Officials govern.
Rulers rule!
Which one represents Democracy?
Which one represents tyranny?
Who elected Grover Norquist?
Who elected the Koch Brothers?
Who elected to give up their right to self determination?
@Erik:
We elect our own self determination.
Nothing will change until a President promises to follow Science and then keeps that promise. Unfortunately, Obama has zero integrity. He sometimes says the right things but seldom keeps his word.
This Judge needs to be thrown out of her job. If she can’t get this right what else can’t she do right.
@Erik:
We elect our own self determination.- Julian
I totally agree and as does The Constitution of The United States…but what is our recourse when our Courts/Judges ignore/violate that same Constitution when making life changing rulings affecting millions of Americans who believe themselves born free?
What does the Constitution prescribe when any government or court fails to obey our Constitution?
This just 5 days before Sunjay Gupta’s Doc Weed, Weed 2 and Weed 3. Just think about how many pharmaceutical companies that will lose business and even potentially go out of business if people go to a better alternative that won’t harm them. And furthermore, the things you can make with hemp products, clothing, paper, and building material just to name a few; can put some out of businesses out of business including the prison industry. Yes the prison industry, post prison systems are run by private corporations. They need men/women to be put in prison for nearly 0 cost of free labor in prisons and it is a multibillion dollar business. Moreover, it burns cleaner and more biodegradable than most products. So, what can you conclude from that. For me, it is a decision made with the influence of big business. You can’t tell me legalization would not be a good thing. She didn’t make this decision for the good of the people or what’s right, it is made for the good of the few.
@ Eric,
The Supreme Court.
I have land in New Mexico and have dreamed of growing industrial hemp sent the 1980’s. Industrial hemp can make jobs in the USA that are badly needed. It will do a lot of good and I want to be a part but not sure where to go to start.
Ha-Ha! Michelle Leonhart, director of the DEA has to resign in shame for remaining silent and complacent about the sex parties funded by cartels and tax payer dollars.
At the same time Loretta Lynch’s nomination may be completed this week after being held up by Republicans to pass some twisted legislation on sex trafficking that will defund money intended to help victims of rape…
In effect, this legislation will deter victims from prosecuting some guilty Congressman and DOJ agents from participating in sex parties with prostitutes… Often the victims of sex trafficking since prohibition of prostitution offers incarceration and exploitation instead of education and sustainable employment. Incarceration of prostitutes leaves victims of sex trafficking punished then baled out by their abusers…
Can anyone say “Republican campaign scandal?”
Didn’t Republicans learn what happens when you lift limits on campaign contributions when Nixon was busted in Watergate? Oh yeah; but it was Nixon who signed the Controlled Substances Act… Wait… How far back to prohibition, sex parties and prostitution go in the U.S. Government?
Oh… Back then they were called “mistresses…” …clever, but they didn’t have social media back then either…
Shit just got real. Michelle Leonhart was a Baltimore police officer. NPR just released the story directly after covering the Freddie Gray story. If the coincidences of corruption weren’t enough, Leonhart’s forced resignation after Congressional investigation discovered the Colombian sex parties and this legislation over sex trafficking holding up Lynch ‘s nomination are blowing up into a scandal that has only just begun to unravel. Light yerself up a bowl and read this:
http://www.npr.org/blogs/thetwo-way/2015/04/21/401265232/dea-chief-expected-to-step-down-amid-scandal
@ Eric, The Supreme Court.
Looks like The Ninth Circuit and then Supreme Court straight ahead…and that could be (or not) a quite lengthy and (purposefully) protracted process?…unless our Congress does their proper job first?
Your post above is hilarious!
i think it’s getting so absured! didn’t the politicians see what the riots of vietnam did? all the police problems, drug arrests, control!
I wouldnt even appeal Id mandamus. What a cop out, this isnt the time or place. BS
You got me there I guess…I didn’t know it was legal to make laws based on factually inaccurate testimony and evidence.
GO FIGURE
Everyone is soo mad on this posting. We all know of the back handed dealings in Congress. Unfortunately for our oppision Americans have woken up. Not only is this a overwhelming victory for legalized but merely a precursor to a much bigger showdown. On one hand you have a judge admittedly bus rolling congress by verbally acknowledging the “I do what I want and nothing else” approach our congress has become oh so familiar with. As well as the utterly ridiculous notion that Marijuana has “no medical” value. And all of the blind followers of this failed drug war, who think their positions on this matter will be forgotten when the inevitable ” legalization” comes to pass, the American people will then focus their attention to the corrupt politicians who’ve been ravaging this countries people, policies, law’s, and basic human rights. These corrupt politicians will no doubtedly be viewed as terrorist again the American people. Norml keep up the great work!!!!