SACRAMENTO (AP) – A federal judge in Sacramento is weighing the constitutionality of a 45-year-old act that classifies marijuana as a dangerous drug along with LSD, cocaine and heroin.

The Los Angeles Times reports Monday that U.S. District Judge Kimberly J. Mueller in Sacramento held a five-day fact-finding hearing on the classification question late last year, and final arguments are scheduled for next month.

The newspaper says the case marks the first time in decades that a judge has agreed to consider marijuana’s designation as a Schedule 1 drug under the 1970 Controlled Substances Act.

Mueller’s decision came in response to a pretrial defense motion in a prosecution brought by the federal government against alleged marijuana growers.

Her ruling is expected later this year.