SACRAMENTO (CBS13) — A decision by a federal judge makes in a criminal marijuana case could soon provide another step towards legitimizing and even legalizing pot.
Marijuana is considered the same as heroin and cocaine under federal law. For decades, advocates have fought to separate marijuana from other dangerous drugs. But this is the first time criminal defense lawyers have gotten this far in fixing what many call a double standard.READ MORE: Gov. Newsom Pushes Full California Public School Reopening by Fall As Many Districts Resist
For five decades, the law has classified pot as a Schedule 1 drug that has no medical benefits. It’s the same level as heroin, LSD and cocaine.
Now, Sacramento federal judge Kimberly Mueller is weighing the constitutionality.
The decision to re-examine the classification comes after a recent criminal case where attorneys for alleged marijuana growers argued the government enforces marijuana law unevenly, which violates the constitutional guarantee of equal protection.READ MORE: Prosecutor: Kristin Smart Was Killed During 1996 Rape Attempt
“Knowing Judge Mueller it will probably be an extremely thorough hearing and it will probably reveal that the governments position on refusing to reschedule marijuana is irrational,” said McGeorge Law professor Michael Vitiello.
He says the defense could have a tough time proving current law infringes on people’s rights.
“Whether it will provide a full basis for a defense for these defendants is another more difficult question,” he said.MORE NEWS: SUV Found In Canal Near Modesto
Mueller’s ruling is expected later this year and would apply to this specific case. It could ultimately go to the U.S. Supreme Court.