United States v Pickard

Brian Justin Pickard (defendant) was indicted for conspiracy to manufacture marijuana plants in violation of the Controlled Substances Act (CSA). Pickard filed a motion to dismiss on the theory that the classification of marijuana as a Schedule I drug was unconstitutional. Specifically, Pickard argued that marijuana’s classification violated the Fifth Amendment Due Process Clause. The United States District Court for the Eastern District of California held an evidentiary hearing at which several expert witnesses testified on Pickard’s behalf. Pickard’s expert witnesses testified that marijuana’s safe use under medical supervision was established and that most qualified medical experts recognized that marijuana had medical uses. However, one of Pickard’s expert witnesses conceded that marijuana had a high potential for abuse. The government’s expert witness, Dr. Bertha Madras, testified that, although there was evidence that components of marijuana might have a medical benefit, most experts agreed that whole-plant marijuana had no confirmed medical uses. Dr. Madras also testified that marijuana could not be used safely, even under medical supervision. After determining that rational-basis review was the applicable level of scrutiny, the district court considered the constitutionality of marijuana’s classification as a Schedule I substance.