Up To Congress Says Judge Mueller

Yesterday, United States District Court Judge Kimberly Mueller ruled that marijuana’s status as a Schedule I substance was constitutional. Judge Mueller said she was prepared to rule that marijuana should not be a classified as a Schedule I substance, but found such action to be with the province of congress. As such, Judge Mueller decided it was up to Congress to change the law.

Judge Mueller summarized her written ruling, which will be released on Friday. She said that the defendants challenged an act of Congress and that her ruling was based only on the evidence and the record in front of the court.

What happened?

Judge Mueller said that based on the record this was not the court nor the time to overturn the applicable federal law. She said that courts are not designed to make public policy and explained that she had made her decision based on the merits of the case.

Judge Mueller rejected the government’s procedural objections. She found that the Court had the power to decide and that the defendants have the right to challenge the charges through their motion. 

Judge Mueller said she applied the “rational basis” standard of review.  She also stated that the defendants had not met their burden of showing discrimination in the enforcement of federal marijuana laws and she rejected their argument based on the recent budget amendment. 

Mueller denied the government’s procedural jurisdiction and standing objections. She also found all the expert witnesses credible and stated she was not disregarding any of the evidence.  Those findings are typically upheld on appeal, which would render the appeal based on legal issue.  Those appeals generally have a better chance.

Mueller also left the door open to future challenges by indicating that the ruling might have been different on a different record.

What happens next?

Even if Judge Mueller had granted the defendants’ motion to dismiss the charges, it would not have resulted in the federal rescheduling of marijuana.

Mueller plans to issue a written ruling and gave defense attorneys three weeks to regroup before a May 6 hearing to set a trial date.

Outlook

Judge Mueller’s ruling came as a shock to many marijuana advocates. A favorable decision would have been a catalyst for the marijuana industry, but this does not impede all of the progress that has been made. Judge Mueller’s decision to hold a fact-finding hearing last year that included expert testimony marked the first time in decades that a Federal District Court Judge seriously considered marijuana’s classification on constitutional grounds.

This negative ruling may seem like a speedbump, but the fact that it got as far as it did was an accomplishment. The bipartisan bill in Congress, The CARERS Act of 2015, would amend the Controlled Substance Act to permit states to allow legal medical marijuana to be used without violating federal law.  The bipartisan bills that were submitted in the Senate and House of Representatives would do much more for the cannabis industry (if passed) than Judge Mueller’s ruling and that is something to look forward to. The industry has made incredible strides over the last two years. If we keep up the momentum and keep pushing, we will see change.

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Michael Berger is Managing Partner of StoneBridge Partners, LLC and Founder of Technical420.com. Prior to entering the cannabis industry, Michael was an Equity Research Analyst at Raymond James Financial covering the Energy Sector. Michael has been featured in publications such as The Street, Bloomberg, US Money News, and hosts various cannabis events across North America.

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