California Case Could Be A Pivotal Moment In Ending The War On Marijuana

By Sean Nevins

Over half of Americans think marijuana should be legalized, and one California case challenging the constitutionality of the DEA’s scheduling of the drug could prove instrumental in ultimately putting an end to the government’s war on marijuana.

On Jan. 14, 2015, one of the most important criminal cases regarding the status of marijuana as a Schedule I substance will be heard at the U.S. District Court for the Eastern District of California.

The case is significant because, if it is dismissed, it would challenge federal law that says marijuana has no medicinal value, providing a first step toward potentially declaring the government’s war on marijuana unconstitutional.

In the case United States v. Bryan R. Schweder, et al., the defendants are charged with growing marijuana in Shasta-Trinity National Forest, a federally designated national forest in northern California.

The defense has called into question the Drug Enforcement Administration’s classification of marijuana as a Schedule I substance, which means that it is considered a dangerous drug with a high potential for abuse and it has no medical use.

Other drugs in this category include heroin, LSD, ecstasy, methaqualone, and peyote.

John Balazs, an attorney in northern California, who has been monitoring the case, explained the defense strategy to MintPress News as follows:

The defendants’ attorneys, Zenia Gilg and Heather Burke, are arguing that even if marijuana has been classified as a Schedule I substance, there is no rational basis for that classification.

They also argue that marijuana does have medicinal value, as evidenced by numerous medical professionals and recent laws in states which have legalized marijuana.

“The result is,” Balazs said, “if they win, the case will be dismissed.”

This case might be the first time that this defense has been allowed to proceed since the drug classifications laws were created in the 1970s.

Expert witnesses for the defense included doctors and researchers, including Dr. Philip Denney, M.D., and Dr. Carl Hart, Ph.D., who testified about marijuana’s safe and therapeutic uses.

Hart is an associate professor at Columbia University’s Department of Psychology, where he studies the effects of cannabis on people, while Dr. Denney is a physician and co-founder of a medical marijuana clinic where he has attended to thousands of patients.

SFGate, a Hearst-owned website, which reported on the October hearing, wrote that the two medical professional declared that the federal classification of marijuana as “very dangerous” and “lacking medical use” was indefensible.

However, if the case is dismissed, the ruling would only apply to these defendants—it would not become the law of the land.

Speaking to MintPress, Balazs said he believes that whichever side loses is going to appeal the decision.

The appeal would go to the U.S. Court of Appeals for the Ninth Circuit, which would then decide on the case.

From there, if the U.S. Supreme Court believed it was an appropriate case for them to take up, they would then decide on it.

If the case is dismissed, it could act as a watershed for similar court cases across the U.S., as defendants around the country are currently facing decades in prison for violating marijuana laws that over half of Americans disagree with, according to Pew Research Center.

Currently, 23 states, plus Washington, D.C., have legalized medical marijuana, while four states—Colorado, Washington, Oregon and Alaska—have passed measures to legalize marijuana use.

In total, 14 states have passed laws decriminalizing marijuana.

Kmart has announced that it plans to keep its stores open for 42 hours straight from Thanksgiving though Black Friday this year.

It appears Kmart will be the store that is open the earliest on Thanksgiving.

Kmart employees, like my Mom, will be forced to miss important time with their families on Thanksgiving.

I’m asking Kmart to commit to allowing employees to request Thanksgiving day off and to rely only on volunteer employees.

Why is this important?

We understand that it is retail, and employees understand that they have to work hours on holidays.

However, Kmart’s unnecessary hours are forcing its employees to miss out on important time with their families.

With lives that are continuously busier and busier, it is more important now than ever to put an end to this before we no longer have holidays.

There are other stores who have decided to close on Thanksgiving to give their employees time with their families.

Why not be in the news in a positive light?

The sales can wait a few more hours.

Kmart covers its shameless act of greed by stating that it is giving its employees more time to make money.

Kmart, have you even talked to your employees about your holiday hours and what they will be required to work?

The answer is no!

We are almost 2 weeks away from Kmart stores being open 42 hours straight, and employees--even after asking management about what hours they will be required to work--still have not received information about their schedules during this time.

Kmart, you should not open your stores at 6am on Thanksgiving Day; nor should your stores remain open for the subsequent 42 hours.

Furthermore, you should be honest and advise your employees on their schedules so they can plan when to spend time with their families when you put this burden on them.

Kmart has said that it will staff its stores using volunteers and seasonal employees.

I’m calling on Kmart to commit to respecting the schedules of employees who request not to work on Thanksgiving Day.

Kmart should close their stores early, or, at the very least, allow flexibility with scheduling to give their employees time to spend with their families.

Okay, folks...here's the deal...Pack yourself a turkey sandwich and eat it on your way to work and stop complaining. There are plenty of desperate folks ready to replace you and be grateful for the crappy job.