Court's decision leaves marijuana on list of dangerous drugs

Marijuana is still on the list of dangerous drugs after U.S. Federal Court Judge Kimberly Mueller's ruling in Sacramento Wednesday. The move disappoints advocates that saw the case as a chance to get closer to their goal of nationwide legalization.

Mueller denied the motion of the defendants in United States v. Bryan Schweder to dismiss an indictment on that basis that the continued scheduling of marijuana as a Schedule I controlled substance in federal law was unconstitutional.

The judge said during a brief court hearing that she was initially prepared to rule that marijuana should not be a Schedule 1 drug but then decided it was up to Congress to change the law if it wishes.

"It has been 45 years since Congress passed the Controlled Substances Act," Mueller said, noting "the landscape has changed" since then.

“We are pleased with the Court’s ruling today." United States Attorney Benjamin B. Wagner said. "The question presented in this motion was not whether marijuana should be legalized for medical or recreational use, but whether decisions concerning the status of marijuana under federal law should properly be made in accordance with the science-based scheduling process set forth in the Controlled Substances Act passed by Congress.”

In opposing the motion, the United States had stressed the limited role of courts in reviewing acts of Congress and noted that the Controlled Substances Act provided a separate administrative process to make the type of scheduling challenges raised by the defendants.

In open court this morning, Judge Mueller gave an oral outline of her anticipated written order which will explain in greater detail the basis for her ruling. She stated Wednesday that her ruling was based on an application of the “rational basis” standard of review and that she considered all of the evidence presented at the five-day evidentiary hearing held in October and November of 2014. While noting that much has changed since Congress passed the Controlled Substances Act in 1970, she ruled that the scheduling issue is ultimately for Congress to resolve.

The Associated Press (AP) spoke with Paul Armentano, deputy director of the National Organization for the Reform of Marijuana Laws, after the ruling. A ruling against marijuana's classification "would have been significant because you would have had a federal judge acknowledging what a majority of the public has already concluded: That marijuana does not meet the three criteria of a Schedule 1 drug," said Armentano.

Armentano helped the defense and said he believes Mueller's decision will be appealed. He helped the defense and said he has always believed the issue would have to be decided by a federal appellate court.