Appellate Division Opinion in Favor of Walsh Lawyers to Reclassify Schedule I Drug

November 1, 2017 in Marijuana Regulatory Law

Almost one year after arguing for the reclassification of marijuana as a Schedule I drug, the New Jersey Appellate Division ruled in favor of Walsh attorneys on Tuesday, opining that the State must revisit the drug’s legal standing. The three-judge panel voted 2 to 1 to overturn a ruling allowing the former Director of the Division of Consumer Affairs to deny the request for reclassification based solely on adherence to the federal scheduling of marijuana.  The decision holds that it has become “abundantly and glaringly apparent” that the drug has significant health benefits and that while use of the drug for medical treatments was not common knowledge when New Jersey passed the Controlled Dangerous Substance Act in the 70’s, classifying Marijuana to be as dangerous as heroin and LSD, circumstances have changed a careful reassessment is warranted.

For more information on this case, please contact Marc Haefner, Joseph Linares or Selina Ellis at (973)757-1100.

Walsh has a commitment to appellate and pro bono practice, including litigating important policy issues. For additional coverage, the October 31st Forbes,,,  New Jersey Law Journal and Washington Times articles are available.