People in the cannabis industry know that marijuana is federally classified as a schedule I controlled substance. Schedule I means the drug has no recognized medical value, has a high potential for abuse, and cannot be safely administered even under a doctor’s supervision. Other schedule I drugs include heroin, methamphetamine, and several psychedelic substances including LSD, psilocybin, peyote, and MDMA. Aside from the very serious criminal aspects of the classification, the schedule I classification means that trying to enforce a contract involving cannabis in federal court is practically a non-starter.
A group of defendants convicted of federal marijuana charges, including conspiracy, sought to overturn their conspiracy charge by arguing the Controlled Substance Act’s (CSA) classification of marijuana as a schedule I drug violated their due process and equal protection rights. They argued that marijuana’s scheduling has no rational basis because it does not meet the criteria for schedule I classification. (E.g. it has a medically accepted use and so does not meet the Schedule 1 criteria).
The Second Circuit framework
This week the Second Circuit denied this challenge to marijuana’s Schedule 1 classification. (Opinion here). The defendants did not request a reclassification of marijuana. Instead the defendants argued the court
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