Marijuana’s Substances Act Listing Upheld, Despite Medical Use

The listing of marijuana in the category of drugs with no acceptable medical use under the Controlled Substances Act survived a constitutional challenge Wednesday, after the Second Circuit found a “conceivable basis” for placing marijuana on the strictest schedule.

The court rejected the argument that marijuana’s Schedule I classification violates the due process and equal protection rights of Alexander and Charles Green, two brothers convicted of conspiracy to possess with intent to distribute marijuana.

The Green brothers argued that the Schedule I listing is unconstitutional because it is irrational given “the abundant evidence that marijuana has legitimate medical uses,” requiring ...