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On Oct. 31, a two-judge majority of the Appellate Division decided that the director of the Division of Consumer Affairs erred in concluding that he did not have the authority to reclassify marijuana from a Schedule I illegal substance to a Schedule IV substance beneficial in treating certain medical conditions. (Kadonsky v. Lee, Docket No. A-3324-14T4). The case involved an inmate who was serving a life sentence for marijuana trafficking as well as an amicus curiae who had been granted leave to appear in the matter on behalf of a minor who was taking medical marijuana as part of treatment for an epileptic condition. The amicus argued before the Appellate Division that the continued scheduling of marijuana as a Schedule I narcotic was arbitrary and capricious and that the vast amount of medical evidence supported the argument that the scheduling of medical marijuana as a Schedule I narcotic was based on outdated and antiquated information. We note that under both the federal and New Jersey statutes, a Schedule I controlled substance is deemed to have no accepted medical use, a high potential for abuse, and no method of use under medical supervision.

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