Medical marijuana will finally get its day in federal court tomorrow. On Tuesday the United State Court of Appeals for the DC district will hear oral arguments in Americans for Safe Access v. Drug Enforcement Administration regarding the scheduling of marijuana.

Marijuana is currently listed as a Schedule I drug, which according to federal law Schedule I substances “have a potential for abuse, have no currently accepted medical use in treatment in the United States, and there is a lack of accepted safety for use of the drug or other substance under medical supervision.” Because marijuana is legally considered to have no accepted medical use it can’t be legally prescribed under federal law, even though 17 states have approved the medical use of marijuana.

In a big move today for medical marijuana, Washington state Governor Christine Gregoire (D) and Rhode Island Governor Lincoln Chafee (I) requested that the federal government re-schedule (reclassify) marijuana. The policy change would allow marijuana to be legally prescribed as a medicine under federal law.

Idaho is one of the most conservative states in the country–McCain carried it with over 61 percent of the vote in 2008–yet, even in this deep-red state, the people overwhelmingly support allowing individuals access to medical marijuana, according to a new poll.