Judge Kimberly J. Mueller of the Sacramento Division of the United States District Court for the Eastern District of California just made some comments in court that signal that she might be preparing to declare marijuana’s classification as a Schedule 1 narcotic unconstitutional. According to Reuters, defense attorneys representing nine California men who are accused of illegally growing medical marijuana on federal land argued before Judge Mueller that the charges should be thrown out under the rationale that federal medical marijuana prohibition is unconstitutional.

In a hearing on Wednesday, Judge Mueller indicated that she is seriously considering the merits of the defense’s position and said to prosecutors, “If I were persuaded by the defense’s argument, if I bought their argument, what would you lose here?” At stake is whether or not the federal government has overstepped its bounds in declaring marijuana a Schedule 1 narcotic, which categorizes it as one of the deadliest drugs and as having no medical use.

The defendants in the criminal case are facing a $10 million fine, property seizure, and up to life in prison for what their lawyers characterized as an effort to cultivate medical marijuana for people in need of treatment. During the defense team’s closing arguments on a motion to throw out the charges, defense attorney Zenia Gilg said, “It’s impossible to say that there is no accepted medical use.” The defense team also pointed out the facts that 23 US states have already legalized marijuana for medical use and that Congress recently voted to block the Department of Justice from interfering in state-level efforts to legalize medical pot.

Assistant US Attorney Gregory Broderick, a prosecutor in the case, argued that Congress, rather than a judge, should determine whether marijuana belongs on Schedule 1. However, he stopped short of arguing that it does, saying, “We’re not saying that this is the most dangerous drug in the world. All we’re saying is that the evidence is such that reasonable people could disagree.” Meanwhile, he says the defendants should face punishment for growing medical pot on federal land as federal law still bans such activity. Despite the facts that the Constitution protects an individual’s right to keep and bear arms and that many business owners rely on firearms to protect valuable merchandise, Broderick cited the men’s status as firearms owners as evidence that their marijuana grow operation was not for medical use. He said, “They had weapons. These guys were not producing medicine.”

The hearing included testimony by doctors as to whether marijuana is useful for medical purposes, which prompted Broderick to admit in comments cited by The Leaf Online, “If Congress heard all the testimony you have heard in this hearing, they may very well decide not to put marijuana in Schedule I.” However, he stood firm in his argument that Judge Mueller lacked the authority to rule on the issue, which he said should fall in the hands of Congress instead.

The Leaf Online‘s Jeremy Daw wrote, “Judge Mueller, who has already scheduled nearly a week of court time to the hearing, did not give any indication of sympathy to [Broderick’s] position,” noting that she did appear to give some pause to the notion that “Broderick’s argument that even if she could properly hear the case, the ultimate outcome is irrelevant” had “more credence.”

Judge Mueller said that she would consider the motion to drop the charges and issue a written ruling within 30 days.

In September of last year, Ben Swann released an expose on the federal government’s mixed messages on medical marijuana, as it holds the patent on medical cannabis while also declaring that it has no medical use. Watch it in the embedded video player, seen below.

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