Three Republican state attorneys general have filed a lawsuit challenging the federal cannabis rescheduling action announced by President Donald Trump’s Department of Justice last month.
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,” the filing with the U.S. Court of Appeals for the District of Columbia Circuit says.
On Wednesday, the court consolidated the state attorneys generals’ complaint with a separate suit that was filed earlier this month by prohibitionist organization Smart Approaches to Marijuana (SAM) and the National Drug and Alcohol Screening Association (NDASA).
“We welcome these legal challenges brought by the attorneys general, who are taking bold action to stop this illegal order,” SAM CEO Kevin Sabet said 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 last month, marijuana products regulated by a state medical cannabis license immediately moved from Schedule I of the Controlled Substances Act (CSA) to Schedule III, as did any marijuana products that are approved by the Food and Drug Administration (FDA). An administrative hearing scheduled for next month will consider broader cannabis rescheduling, including for recreational 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 U.S. Attorney General William Barr, led 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 Tump signed an executive order directing officials to complete the process expeditiously.
Named defendants in both now-consolidated suits are the Department of Justice, the Drug Enforcement Administration (DEA), Blanche and DEA Administrator Terrance Cole.
A federal judge last week 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 this month voted to block federal officials from taking further steps to carry out cannabis rescheduling.
Read the full new marijuana rescheduling lawsuit below:
Photo courtesy of Mike Latimer.
