Marijuana will remain on the federal list of Schedule I drugs, next to heroin and LSD. After a five day evidentiary trial, the District Court for the Eastern District of California denied a motion to dismiss an indictment involving marijuana growing, which challenged the classification was unconstitutional.
Under the Controlled Substances Act, Schedule I drugs are those which have a high potential of abuse and "no currently accepted medical use." Defense lawyers for 16 men accused of growing marijuana challenged the listing of marijuana as a Schedule I drug, arguing that it violated the Tenth Amendment's limitations on federal power. Marijuana is legal for medical use in 23 states.