The Trump administration’s move to federally reschedule marijuana is being challenged with yet another lawsuit, and this one includes the president himself in the list of defendants.
The latest litigation was filed by a coalition of anti-marijuana activists, substance misuse professionals, doctors and a cannabis-focused biopharmaceutical corporation.
“The Final Order was issued without prior notice-and-comment rulemaking…, without a formal hearing on the record…, without consultation of the recommendation of the Department of Health and Human Services (‘HHS’) on rescheduling, without consideration of the administrative process regarding rescheduling that was already in progress, and without compliance with” procedural requirements, the suit claims.
Under an order issued 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 did any marijuana products that are approved by the Food and Drug Administration (FDA). An administrative hearing scheduled for this month will consider broader cannabis rescheduling, including for recreational products.
Each party in the new suit—filed in the U.S. Court of Appeals for the District of Columbia Circuit on Thursday—says they are “aggrieved” by the federal cannabis reform “because each has suffered or
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