In this order, the EDCA Court formally denied the government's motion to reconsider the grant of an evidentiary hearing on the constitutionality of classifying marijuana as a schedule I controlled substance in United States v. Schweder, et. al., No. 2:11-CR-449-KJM. The Court clarified the basis for and scope of the evidentiary hearing as follows:
Here, defendants’ moving papers set forth facts with sufficient specificity, supported by declarations, showing there is new scientific and medical information raising contested issues of fact regarding whether the continued inclusion of marijuana as a Schedule I controlled substance in Title 21 of the federal statutes passes constitutional muster.
The evidentiary hearing is granted to probe the scientific and medical information. At the hearing, the defendants will be allowed to call the four witnesses they have identified. The scope of the hearing is delimited by defendants’ challenge to the federal statutes; the hearing will not include the presentation of evidence applicable only to attacking federal regulations or any administrative decision of the Attorney General or the Administrator of the Drug Enforcement Administration.
The Court's order also includes a further briefing schedule with a hearing on May 21, 2014 and a pre-evidentiary hearing confirmation proceeding on June 2, 2014, with the evidentiary hearing date to be determined at that time.