The attorney general of Louisiana has withdrawn from participation in a lawsuit she initially joined that seeks to challenge the federal cannabis rescheduling action announced by President Donald Trump’s Department of Justice in April.
The case, brought in May by Louisiana Attorney General Liz Murrill (R) and the attorneys general of Indiana and Nebraska, claims the officials will “show that this agency action fails to comport with the requirements” of federal law, “was improperly promulgated and was otherwise procedurally improper,” “exceeds or is inconsistent with pertinent authority” and “ultimately, that this agency action is arbitrary, capricious, an abuse of discretion, and not in accordance with law.”
“Petitioners thus ask that this Court declare unlawful and vacate this final agency action,” states the filing with the United States Court of Appeals for the District of Columbia Circuit.
But on May 29, Murrill filed a motion saying that “Petitioner State of Louisiana respectfully moves under Federal Rule of Appellate Procedure 42(b), as applied through Federal Rule of Appellate Procedure 20, to dismiss Louisiana as a petitioner in this proceeding.”
“This motion seeks dismissal of Louisiana only. Respondents do not oppose this motion,” it said. “Louisiana thus respectfully requests that the Court dismiss Louisiana only from this proceeding, with each party to bear its own costs.”
It is not clear why Murrill first joined, and then days later withdrew from, the case. Representatives from the attorney general’s office did not immediately respond to Marijuana Moment’s request for comment for this story.
In late May the court consolidated the state attorneys generals’ complaint with a separate suit that was filed earlier in May by prohibitionist organization Smart Approaches to Marijuana (SAM) and the National Drug and Alcohol Screening Association (NDASA).
Also in late May, a coalition of anti-marijuana activists, substance use professionals, doctors and a cannabis-focused biopharmaceutical corporation filed an additional lawsuit seeking to challenge the Trump administration’s marijuana rescheduling move.
In May, a House committee voted to block federal officials from taking further steps toward rescheduling.
Under an action announced by Acting Attorney General Todd Blanche in April, marijuana products regulated by a state medical cannabis license immediately moved from Schedule I of the Controlled Substances Act (CSA) to Schedule III, as will any marijuana products that are approved by the Food and Drug Administration. An administrative hearing scheduled for June will consider broader cannabis rescheduling, including for adult-use products.
“The AG Rescheduling Order violates the rulemaking requirements of the Administrative Procedure Act, 5 U.S.C. §§ 551 to 559, and section 201 of the CSA, 21 U.S.C. § 811, exceeds the statutory authority of the Attorney General under the CSA, and is otherwise arbitrary and capricious and not in accordance with law,” SAM and NDASA’s brief two-page petition challenging the rescheduling action claimed.
It was signed by attorneys at Torridon Law PLCC, where former US Attorney General William Barr, who led the DOJ during Trump’s first term in office, is a partner.
SAM had announced in January that it was hiring Barr’s firm to legally combat cannabis rescheduling after Trump signed an executive order directing officials to complete the process expeditiously.
Named defendants in both now-consolidated suits are the DOJ, the Drug Enforcement Administration (DEA), Blanche and DEA Administrator Terrance Cole.
On May 22 a federal judge dismissed separate litigation SAM brought to challenge a new Trump administration initiative to cover up to $500 worth of hemp-derived products each year for eligible Medicare patients.
Meanwhile, a House committee earlier in May voted to block federal officials from taking further steps to carry out cannabis rescheduling.
Read Louisiana’s motion to withdraw from the marijuana rescheduling lawsuit below:
Image via Washington State Liquor and Cannabis Board
This story was originally published by Marijuana Moment, which tracks the politics and policy of cannabis and drugs. Follow Marijuana Moment on X and Facebook, and sign up for its newsletter.