A West Michigan man facing federal marijuana charges has filed a constitutional challenge based, in part, on disparate federal prosecution in different states, MLive Media group reports. Shawn Taylor, the alleged leader of a marijuana grow operation, argues that marijuana has medicinal value and should not be classified as a Schedule 1 drug – the designation for the most dangerous drugs. “We're raising arguments that have really never been raised before in a federal marijuana case,” said former Kalamazoo attorney John Targowski. “We're arguing that cannabis is wrongly scheduled – it has medicinal value,” Targowski said.
Targowski said a U.S. Supreme Court decision invalidating the Defense of Marriage Act should have bearing on marijuana cases. “Recognizing the historical support for defining marriage as between one man and one woman, the court determined that it was the duty of the judiciary to rectify past misperceptions which result in constitutionally unsound legislation,” Targowski wrote. Targowski has asked a judge to consider declarations of three experts, including a former FBI supervisor and a physician, to establish there is no rational basis to treat marijuana as a controlled substance. Medical science has documented that “marijuana has a notably low potential for abuse,” Targowski wrote.