Marijuana has been classified by the federal government as a Schedule I controlled substance. A Schedule I classification is the most strict classification and indicates a lack of medicinal use and a high potential for abuse. Doctors are not permitted to write prescriptions for marijuana and there are severe restrictions on how much marijuana can be produced. Other Schedule I substances include heroine, MDMA (ecstasy), and LSD.
For many years, advocacy groups have challenged classifying marijuana as a Schedule I substance. They have argued that marijuana has medicinal properties and classifying it as a Schedule I substance prevents people who need it from being able to access it. The Americans for Safe Access have filed a lawsuit in the U.S. Court of Appeal for the D.C. Circuit arguing that a U.S. Air Force veteran has been harmed as a “result of the government’s refusal to recognize the therapeutic value of marijuana.” (Americans for Safe Access v Drug Enforcement Agency No. 11-1265, US Court of Appeals for DC Circuit .) The D.C. Circuit recently heard oral arguments in that case and its decision is pending. Many advocacy groups are hopeful that the court will rule on whether the scientific evidence of medical efficacy is sufficient to reclassify marijuana.
Until a federal court finds that marijuana has medicinal properties or the legislature reclassifies marijuana, using, possessing, cultivating, selling, and/or distributing marijuana is a federal crime. These acts are also crimes under California state law, however, California has decriminalized marijuana grown, sold, or used for medicinal purposes.
So, where does that leave you? If you have a California approved license to grow medical marijuana, can the federal government prosecute you? The United States Supreme Court has said yes.
The Supreme Court has held that regardless of state law, the federal government continues to have a right to regulate and criminalize marijuana based upon its classification as a Schedule I controlled substance. Federal prosecutors have been getting tougher and are eager to raid, confiscate, and prosecute anyone they suspect of using, selling, distributing, or cultivating marijuana.
There are a number of defenses that can be raised if you are charged with a federal or state drug offense. Marijuana law in federal courts and in California is not settled, and it is important that you have a criminal attorney who is skilled and knowledgeable about the latest developments in the l aw. This office handles all types of matters related to defending criminal drug charges in San Diego County. For a free consultation, contact us at (619) 232-5122 or: info@attorneylombardo.com.
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