A judge threw out the lawsuit filed against the Drug Enforcement Administration for its attempt to ban synthetic marijuana, according to a report by KSTP.

At the first hearing for the case on Friday, Jan. 21, U.S. District Court Judge Patrick Schiltz said the case was out of his jurisdiction when he dismissed the case filed by four Midwest head shops (including Wally Sakallah, owner of Dinkytown’s Hideaway Head Shop) at the end of December.

Attorney Marc Kurzman said he plans on re-filing the case with the Court of Appeals as early as next week.