Opponents of marijuana reform have filed a lawsuit challenging the federal cannabis rescheduling action announced by President Donald Trump’s Department of Justice last month—using a law firm at which a former Trump administration attorney general is a partner.
Prohibitionist organization Smart Approaches to Marijuana (SAM) and the National Drug and Alcohol Screening Association (NDASA) on Monday asked the U.S. Court of Appeals for the District of Columbia Circuit to review and set aside the cannabis rescheduling action, alleging that they have been “aggrieved” by the 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 this summer 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
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