LOS ANGELES --- Federal District Court Judge George H. Wu issued a 41-page written sentencing order yesterday, stating that medical marijuana provider Charles C. Lynch was "caught in the middle of the shifting positions" on the issue and that, "Much of the problems could be ameliorated...by the reclassification of marijuana from Schedule I." Lynch gained notoriety as a federal medical marijuana defendant, who was prosecuted and convicted in 2008, under the Bush Administration, then sentenced after President Obama signaled a change in federal enforcement policy.
Judge Wu's call for the reclassification of marijuana comes as the Drug Enforcement Administration (DEA) is considering a petition, filed in 2002 by the Coalition for Rescheduling Cannabis. After a years-long review by the Department of Health and Human Services, the petition was recently sent to DEA, the final stage of the process. Acting DEA Administrator Michele Leonhart, who still must be confirmed by the U.S. Senate, has the authority to grant or deny the rescheduling petition.
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Notably, the judge also said he believed that marijuana should be downgraded from its current federal status as a Schedule 1 drug - an illegal substance with no accepted medical use.
Steele Smith Case Continued
The Smith's issued the following statement on Monday May 3:
"Our case has been continued until July 27, 2010 @ 8:00 am, Ronald Reagan Federal Courthouse, Santa Ana, California. "
For those that don't know, this ground breaking case could change federal law.
Judge Carney in an unprecedented and landmark decision has allowed an affirmative medical defense for the first time is a United States Federal Court. This ruling was made despite marijuana remaining on the DEA’s schedule 1 narcotic list, which states in part that schedule 1 drugs have no medical value. While the prosecution has been granted 10 continuances, it would seem they are worried about the outcome of this case.
More about the background of this case
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