Schweder Marijuana Case Postponed Again (Hearing April 15)
Yesterday, in United States v Schweder, et. al., No. 2:11-cr-0449-KJM, Judge Mueller cancelled the March 25 status conference and scheduled a new conference for April 15, 2015, at 9:00 a.m. in courtroom 3. This is the case where the court held an evidentiary hearing on the defense's motion to dismiss federal marijuana charges on the grounds that (1) the feds' classification of marijuana as a Schedule I controlled substance without any accepted medical use is unconstitutional; and (2) the uneven enforcement of federal marijuana laws violates the Equal Sovereignty principle in the Constitution.
So for those waiting for the decision, it appears you'll need to wait a little longer. I expect a decision in writing before the April 15 status conference. While you wait, attorneys out there may want to read Reid Murdock's 2/15/15 piece on this case in the Michigan Journal of Race & Law, entitled "It's High Time for the Defense Bar to Bring Race-Based Equal Protection Challenges to Federal Cannabis Scheduling." Pun intended, I assume.
