The judge denied a motion to dismiss. The motion was based on the following:
(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.
What this means is the judge believes there is enough evidence to proceed on those two issues. I do not know what other issues, if any the case is based upon. For now the case will move forward towards a trial, or, there could be an appeal of the ruling. First we have to see what the judge says in the written ruling to see why the judge ruled as she did.
The bottom line is this is an early victory for the FEDS but not a final resolution.
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