Three Republican state attorneys general have filed a lawsuit challenging the federal cannabis rescheduling action announced by President Donald Trump’s Department of Justice in April.
The filing from the attorneys general of Indiana, Nebraska and Louisiana claims that they 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.
On May 27, the court consolidated the state AGs’ 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).
SAM and NDASA alleged in their earlier filing that they have been “aggrieved” by the federal cannabis reform.
“We welcome these legal challenges brought by the attorneys general, who are taking bold action to stop this illegal order,” SAM CEO Kevin Sabet stated in a press release. “Our coalition is growing as leaders around the country recognize that this unprecedented order will cause significant harm to public health and safety. We won’t rest until this dangerous action is reversed.”
SAM and NDASA alleged in their earlier filing that they have been “aggrieved” by the federal cannabis reform.
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.
A House committee recently voted to block further rescheduling actions.
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.
Image via Minnesota Office of Cannabis Management
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.</em