TRENTON -- When New Jersey legalized marijuana for medical use nearly seven years ago, it should have reconsidered tough prison sentences associated with pot-related crimes, according to attorneys who will appear before a state appeals court Tuesday.

Under state and federal law, marijuana remains a "schedule 1" controlled dangerous substance - a classification which means it is regarded as highly addictive and lacking medicinal value. But that classification conflicts with its lawful purpose for 9,500 patients who are registered with the state's medicinal marijuana program, attorneys argue.

When Steven Kadonsky, who is serving life sentence under New Jersey drug "kingpin" statute, petitioned the state Division of Consumer Affairs to re-classify marijuana as a less dangerous drug, Director Steve C. Lee denied the request last year, according to court documents.

Overturning Lee's decision would result in fewer "inflated" prison sentences for marijuana crimes, said one of Kadonsky's pro bono attorneys, Joseph Linares. It will also further legitimize marijuana as a recognized medicine for the 9,500 registered patients in New Jersey's medical program who continue to have confront discrimination regarding its use.

"Since the state has determined that marijuana has accepted uses in medical treatment, then it should be appropriately scheduled," Linares told NJ Advance Media. "He believes that a disservice is done where an improper scheduling results in inflated criminal penalties."

Before he died this summer, Attorney Roger Barbour of Maple Shade filed a friend of the court brief on behalf of 17-year-old his daughter Genny who uses cannabis to treat a severe seizure disorder. Reclassifying the drug from schedule 1 would allow the nurse at his daughter's school to administer the marijuana oil during the day without fear of criminal prosecution.

"If marijuana were reclassified from a schedule (I) to a schedule (III) narcotic, for example, then it would be treated no differently than any other prescription that a licensed physician prescribes to his or her patient," according to Barbour's brief. "It would prevent the stigmatization of both the pupil and his or her necessary medication."

Regardless of how the court rules, marijuana will remain a schedule 1 drug, like heroin or PCP, in the eyes of the federal government. Lee argued through legal briefs that he was obligated to maintain marijuana's schedule 1 status under state law.

Lee also noted the New Jersey Compassionate Use Medical Marijuana Act did not expressly say the cannabis should be reclassified as a less harmful drug.

"The Legislature decriminalized the use of marijuana for specifically identified individuals, including patients, their caregivers, and physicians, under strictly defined circumstances," according to the Attorney General's brief. "The Legislature recognized that marijuana is still considered an illegal drug by the federal government, and that it enacted the law to decriminalize the drug only for very limited purposes."

Susan K. Livio may be reached at slivio@njadvancemedia.com. Follow her on Twitter @SusanKLivio. Find NJ.com Politics on Facebook.