In United States v. Schweder, a federal marijuana cultivation case in Sacramento, U.S. District Judge Kimberly J. Mueller held a five-day evidentiary hearing in October 2014 on whether marijuana’s Schedule I status was constitutional, then ruled on April 15, 2015, that it was. It was the first time in decades that a federal trial judge took expert testimony on the question. The ruling left marijuana in Schedule I and put the issue back with Congress and the DEA.
What Happened
The case (No. 2:11-cr-00449-KJM, Eastern District of California) began in October 2011. Federal agents arrested Brian Schweder on October 3, 2011, and charges filed that week grew into a conspiracy case against 16 defendants. Prosecutors said the group grew more than 1,000 plants in the Shasta-Trinity National Forest, plus plants at properties tied to Schweder and co-defendant Brian Pickard (California NORML case file). Seven defendants settled early, leaving nine.
Defense lawyers Zenia Gilg and Heather Burke of the NORML Legal Committee moved to dismiss the indictment. They argued that keeping marijuana in Schedule I, the category reserved for drugs with “no currently accepted medical use,” had no rational basis given the science, and that uneven federal enforcement across states violated equal protection and equal sovereignty. Paul Armentano, NORML’s deputy director, served as the defense’s principal investigator.
Judge Mueller agreed to hear evidence. Over five days starting in late October 2014, the defense called witnesses including Columbia University neuroscientist Carl Hart, physicians Philip Denney and Greg Carter, sociologist and former police officer James Nolan, a nurse whose son has Dravet syndrome, and an Iraq veteran with PTSD.
Why It Mattered
Courts had rejected challenges to marijuana’s scheduling for decades, usually without hearing any evidence. Schweder was different because a sitting federal judge was willing to listen. Our explainer on why marijuana was a Schedule I drug covers that history.
The Ruling
After closing arguments in February 2015 and several delays, Mueller ruled from the bench on April 15, 2015, in a 15-minute hearing, and issued her written order on April 17. She denied the motion. The government had argued it was rational to keep marijuana in Schedule I while experts disagreed. Under rational basis review, she said, Congress did not have to be right, only to have a conceivable reason, and the conflicting science met that low bar. NORML reported her remark that “at some point in time, a court may decide this status to be unconstitutional,” but that this was not that court or that time (NORML). Coverage noted she said changing the law was a job for Congress, not a trial court (California NORML).
Armentano said the ruling “changes little” and that the question would have to go to the Ninth Circuit. The defense said it would appeal.
What Happened Next
The constitutional challenge did not change federal law. The case continued, and Schweder was still in federal custody in September 2020, when Mueller, by then chief judge, denied his motion for compassionate release without prejudice (order, Sept. 3, 2020). We could not find a published appellate decision on the Schedule I question from this case. No later court challenge has forced marijuana out of Schedule I either. See our coverage of the federal court fight over rescheduling petitions.
Where It Stands in 2026
Change came through the executive branch, not the courts. An April 2026 DOJ and DEA order moved FDA-approved marijuana products and marijuana held under a state medical marijuana license to Schedule III. Adult-use and unlicensed marijuana remain in Schedule I. A broader DEA hearing on moving all marijuana to Schedule III ran in summer 2026 and was stayed on September 29, 2026, with no recommended decision yet. Our federal marijuana laws guide tracks the details, and our state law index covers what is legal where you live.
United States v. Schweder FAQ
What was United States v. Schweder?
A federal marijuana cultivation prosecution in the Eastern District of California, filed in 2011, in which the defense challenged the constitutionality of marijuana’s Schedule I status and won an evidentiary hearing in October 2014.
Who was the judge in the Schweder case?
U.S. District Judge Kimberly J. Mueller in Sacramento. She denied the motion to dismiss on April 15, 2015, with a written order on April 17.
Why did the judge uphold Schedule I?
She applied rational basis review, the most lenient constitutional test, and found that disagreement among experts gave Congress a rational reason to keep marijuana in Schedule I. She said the remedy was for Congress.
Is marijuana still Schedule I in 2026?
Partly. Since April 2026, state-licensed medical marijuana and FDA-approved products are Schedule III. Adult-use and unlicensed marijuana remain Schedule I.
Originally reported by The Weed Street Journal; rewritten and updated in October 2026 with what happened next.
