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Judge Weighs Whether U.S. Marijuana Law Is Unconstitutional

2 minute read

A federal judge hearing a case of nine men charged with illegally growing marijuana on federal land in California said Wednesday she was considering arguments that the federal government has improperly labelled marijuana as one of the most dangerous drugs.

The U.S. classifies marijuana as a Schedule One drug, putting it in the most dangerous of five categories. Classification is determined by the drug’s potential for abuse and dependency, and whether the drug has an acceptable medical use. Cocaine, methamphetamine, and OxyContin are all Schedule Two drugs, meaning that they are treated by federal law as less dangerous and more medically appropriate than marijuana.

The marijuana growers’ defense argued that classifying marijuana as a Schedule One drug was unconstitutional because 23 states have made the drug legal for medical use, Reuters reports. “If I were persuaded by the defense’s argument, if I bought their argument, what would you lose here?” the judge asked prosecutors during a motion to dismiss.

If convicted, the men face up to life imprisonment and a $10 million fine.

MORE: The Rise of Fake Pot

Prosecutors argued that the drug’s classification was a matter for Congress, not the courts.

“We’re not saying that this is the most dangerous drug in the world,” said Assistant U.S. Attorney Gregory Broderick. “All we’re saying is that the evidence is such that reasonable people could disagree.”

[Reuters]

Go Inside the Harvest of Colorado's Most Controversial Marijuana Strain

Charlotte's Web Stanley Brothers Pot Weed Marijuana Colorado California
Charlotte's Web grows on the Stanley brother's farm near Wray, Colo. on Sept. 22, 2014. The Stanley Brothers have developed a popular strain of cannabis that has been found to be helpful in reducing seizures in some children. Charlotte's Web is high in a compound called cannabidiol (CBD) and low in tetrahydrocannabinol (THC) the compound that causes a high. Matt Nager for TIME
Charlotte's Web Stanley Brothers Pot Weed Marijuana Colorado California
Charlotte's Web grows on the Stanley brother's farm near Wray, Colo. on Sept. 22, 2014. Matt Nager for TIME
Charlotte's Web Stanley Brothers Pot Weed Marijuana Colorado California
From left: Zachary Sobol, Michael Atchley, and Jared Stanley walk to the farm to prepare for harvest of Charlotte's Web near Wray, Colo. on Sept. 22, 2014. Matt Nager for TIME
Charlotte's Web Stanley Brothers Pot Weed Marijuana Colorado California
Rows of Charlotte's Web await harvest at the Stanley brother's farm near Wray, Colo. on Sept. 22, 2014. Matt Nager for TIME
Charlotte's Web Stanley Brothers Pot Weed Marijuana Colorado California
Jared Stanley helps in the harvest of Charlotte's Web on the Stanley brother's farm near Wray, Colo. on Sept. 22, 2014. Matt Nager for TIME
Charlotte's Web Stanley Brothers Pot Weed Marijuana Colorado California
Colin Sparks searches for seeds during the harvest of Charlotte's Web on the Stanley brother's Charlotte's Web farm near Wray, Colo. on Sept. 22, 2014. Matt Nager for TIME
Charlotte's Web Stanley Brothers Pot Weed Marijuana Colorado California
Discarded leaves of Charlotte's Web at a farm near Wray, Colo. on Sept. 22, 2014. Matt Nager for TIME
Charlotte's Web Stanley Brothers Pot Weed Marijuana Colorado California
Tim Knight helps in the harvest of Charlotte's Web on the Stanley brother's farm near Wray, Colo. on Sept. 22, 2014. Matt Nager for TIME
Charlotte's Web Stanley Brothers Pot Weed Marijuana Colorado California
Rows of Charlotte's Web await travel to a drying facility after being harvested on a farm near Wray, Colo. on Sept. 22, 2014. Matt Nager for TIME
Charlotte's Web Stanley Brothers Pot Weed Marijuana Colorado California
Zachary Sobol catches a ride on a trailer to the Stanley brother's farm during harvest of Charlotte's Web near Wray, Colo. on Sept. 22, 2014. Matt Nager for TIME
Charlotte's Web Stanley Brothers Pot Weed Marijuana Colorado California
Rows of Charlotte's Web await travel to a drying facility after being harvested from a farm near Wray, Colo. on Sept. 22, 2014. Matt Nager for TIME
Charlotte's Web Stanley Brothers Pot Weed Marijuana Colorado California
One of the Stanley brother's greenhouses growing cannabis near Wray, Colo. on Sept. 22, 2014. Matt Nager for TIME
Charlotte's Web Stanley Brothers Pot Weed Marijuana Colorado California
Zachary Sobol hangs rows of Charlotte's Web to dry after harvest in Wray, Colo. on Sept. 22, 2014. Matt Nager for TIME
Charlotte's Web Stanley Brothers Pot Weed Marijuana Colorado California
Penn Mattison, left, and Zachary Sobol, right, hang rows of Charlotte's Web to dry after being harvested from a farm near Wray, Colo. on Sept. 22, 2014. Matt Nager for TIME
Charlotte's Web Stanley Brothers Pot Weed Marijuana Colorado California
The Stanley brothers' new company laboratory in Boulder, Colo. on Sept. 23, 2014. Matt Nager for TIME
Charlotte's Web Stanley Brothers Pot Weed Marijuana Colorado California
A petri dish full of cannabis explants await transfer and transplanting at the Stanley brothers' lab in Boulder, Colo. on Sept. 23, 2014. Matt Nager for TIME
Charlotte's Web Stanley Brothers Pot Weed Marijuana Colorado California
Molecular plant biologist and lab manager Bear Reel awaits the cooling of agar to help induce rooting of transplanted cannabis plants at the Stanley brothers' company laboratory in Boulder, Colo. on Sept. 23, 2014. Matt Nager for TIME
Charlotte's Web Stanley Brothers Pot Weed Marijuana Colorado California
The lab notebook of molecular plant biologist and lab manager Bear Reel at the Stanley brothers' company laboratory in Boulder, Colo. on Sept. 23, 2014. Matt Nager for TIME
Charlotte's Web Stanley Brothers Pot Weed Marijuana Colorado California
A flask of agar cools before explants of hemp are transplanted to help induce rooting and new growth at the Stanley brothers' company laboratory in in Boulder, Colo. on Sept. 23, 2014. Matt Nager for TIME
Charlotte's Web Stanley Brothers Pot Weed Marijuana Colorado California
Tissue cutter technician Meg Regan holds a vial of explants before sanitizing and transplanting at the Stanley brothers' laboratory in Boulder, Colo. on Sept. 23, 2014. Matt Nager for TIME

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