Marijuana Legalization Nationwide Postponed Until April — And Will Likely Get Postponed Again?

Have you heard that marijuana was going to be legalized on March 25 — and then heard nothing about it again in the news? In the past six months, marijuana legalization advocates have been hanging onto the edge of their seats about a court case in Northern California that is set to legalize marijuana nationwide. However, the case that was set to be decided on during March 25 was officially postponed to a date that is awfully close to the unofficial 420 holiday celebrated on April 20.

But there is no reason to hope that marijuana will become legal on 4/20 in 2015 because even if a big decision is made — this is not over yet. Unfortunately, according to Jeremy Daw, it looks like the postponement could have more marijuana legalization postponements involved.

Outside of this legal marijuana USA story, most of the news surrounding marijuana has been linked to headlines about an heiress getting sued for producing too much smoke around her apartment. States in the process of legalizing marijuana are also trending news topics. Nonetheless, it looks like those states may not need to vote individually as states because marijuana may be legalized nationwide in the future — but maybe not in the near future.

How will federal marijuana legalization happen? As previously posted on the Inquisitr by this author, updates about the marijuana hearing in Northern California that could inevitably help marijuana become federally legal are not posted online. Instead, the schedule for the marijuana legalization hearing is distributed only by text message — and the Eastern District of California legal blog is one of the sole sources of online information for this historically critical marijuana legalization hearing.

In short, the USA versus Schweder trial that is now taking place on April 15 in Northern California is important because it will reschedule marijuana from a hard drug to a softer substance like alcohol. If the court case favors marijuana, it can then go to the Supreme Court, where they will decide if not favoring marijuana in this way infringes on people’s rights.

The Eastern District of California legal blog points out that if the Supreme Court finds evidence that there are rights infringements, marijuana will become legal across America. The blog also states the following.

“This is the case where the court held an evidentiary hearing on the defense’s motion to dismiss federal marijuana charges on the grounds that (1) the feds’ classification of marijuana as a Schedule I controlled substance without any accepted medical use is unconstitutional; and (2) the uneven enforcement of federal marijuana laws violates the Equal Sovereignty principle in the Constitution. [sic]”

Those interested in knowing more about this historic marijuana case have several legal documents they can sift through. Nevertheless, unless you have a law degree and a few days on your hands, legal cases involving hundreds of pages can be difficult to decipher.

Providing a clarification of the case related to the legalization of marijuana taking place in Northern California on April 15 is Jeremy Daw. Daw wrote an article for Leaf Magazine fully explaining the current status of the entire USA versus Schweder case in a language anyone can understand.

As a 2008 Harvard Law graduate and Professor of Economics at the marijuana-focused Oaksterdam University, Daw definitely has one of the most credible voices in analyzing this particular hearing. In the short synopsis he wrote, Daw explains there are several directions the case on April 15 can follow — not all of which mean marijuana will be legalized. Daw states the following.

“If my prediction is correct and Judge Mueller rules for the defense on the merits, the prosecutors can be expected to immediately move for an appeal and a temporary stay on her ruling until the matter can be heard by the 9th Circuit. Such a move could easily delay any ruling from taking effect until next year… Nevertheless, it would still be a huge win. Just as Judge Walker’s Prop 8 decision had a massive effect on the national politics of gay marriage… [sic]”

[All images from the referenced links.]