U.S. District Cout Judge Leslie Kobayashi on Tuesday (May 7) issued an order denying Roger Christie‘s motion to dismiss his indictment for marijuana possession and distribution.

According to court documents, Christie asked the court to dismiss the indictment on the basis that the Controlled Substances Act’s classification of marijuana as a Schedule I substance violates Christie’s due process rights as guaranteed by the Fifth Amendment of the Constitution. Christie argued that pot has been shown to be medically beneficial; that it should not be a Schedule I drug; and that public opinion has come to embrace pot use.

Kobayashi wrote, “The classification of marijuana as a Schedule I controlled substance has been determined in this circuit to be constitutional. … Further, the Supreme Court has upheld Congressional authority to regulate cultivated medical marijuana. … In short, the Court found the Act’s classification of substances, including marijuana, on its schedules was rationally related to its legislative purpose. Christie therefore cannot carry his burden to demonstrate irrationality, and his Motion must be denied.” 

Christie has been held without bail in the Federal Detention Center in Honolulu for nearly three years. Read Civil Beat’s coverage of the case:

No Christmas in Hilo for Roger Christie

Hawaii Pot Minister’s Bail Denial Called ‘Rare’

Hawaii Pot Minister to Stay in the Slammer

—Chad Blair