Opponents of cannabis reform have initiated legal action to challenge the federal cannabis rescheduling of certain products in the United States. The lawsuit, filed by Smart Approaches to Marijuana (SAM) and the National Drug and Alcohol Screening Association (NDASA), seeks to overturn the Trump administration’s Department of Justice decision to move specific cannabis products from Schedule I to Schedule III of the Controlled Substances Act (CSA), as reported by Marijuana Moment. This legal challenge introduces further complexity into the ongoing regulatory discussions surrounding cannabis in the U.S., particularly concerning its medical applications and federal oversight.
The Rescheduling Action Under Review
The challenged action, announced by Acting Attorney General Todd Blanche last month, reclassified marijuana products regulated by a state medical cannabis license and any products approved by the Food and Drug Administration (FDA) from Schedule I to Schedule III of the CSA. This administrative move, which followed a directive from President Donald Trump, aimed to expedite the review process for cannabis classification.
The lawsuit names the Department of Justice, the Drug Enforcement Administration (DEA), Acting Attorney General Todd Blanche, and DEA Administrator Terrance Cole as defendants. An administrative hearing is scheduled for later this summer to consider broader federal cannabis rescheduling, potentially including products not solely tied to medical licensing or FDA approval, which could have wider implications for the industry.
Legal Arguments and Procedural Challenges
The petition, filed with the U.S. Court of Appeals for the District of Columbia Circuit, alleges that the rescheduling action violates established legal and administrative procedures. Specifically, the plaintiffs claim the “AG Rescheduling Order”:
- Violates the rulemaking requirements of the Administrative Procedure Act (5 U.S.C. §§ 551 to 559).
- Contradicts section 201 of the CSA (21 U.S.C. § 811).
- Exceeds the statutory authority granted to the Attorney General under the CSA.
- Is “arbitrary and capricious and not in accordance with law.”
The legal challenge is being pursued by attorneys at Torridon Law PLCC, a firm where former U.S. Attorney General William Barr, who led the Department of Justice during Trump’s first term, is a partner. SAM had previously announced in January its intention to retain Barr’s firm to legally contest cannabis rescheduling efforts.
Plaintiffs’ Stated Concerns
Kevin Sabet, CEO of Smart Approaches to Marijuana (SAM), articulated the organization’s position in a press release. He stated that the cannabis rescheduling order “contravenes both law and science.” Sabet further commented that the order provided “federal approval to a new Big Tobacco industry selling cookies, gummies, and sodas laced with highly potent marijuana,” asserting that “The public-health carnage wrought by these products is not ‘medical’ and that word should never be associated with them.” The lawsuit requests the Court to review and set aside the order in its entirety.
Broader Context and Related Developments
This legal action occurs amidst other legislative and judicial developments concerning cannabis policy in the United States. Last week, a House appropriations subcommittee voted to block federal officials from taking further steps to implement the cannabis rescheduling, indicating a lack of full consensus even within legislative bodies. Additionally, SAM and other plaintiffs previously filed a separate lawsuit seeking to block a Trump administration program designed to cover certain hemp-derived products through Medicare. These interconnected legal and legislative efforts underscore the continued debate over the federal classification and regulation of cannabis and related products, building on earlier coverage of federal cannabis rescheduling discussions by Hemp Gazette.
Disclaimer: This article is for informational purposes only and does not constitute medical advice. Hemp Gazette does not provide medical recommendations, diagnoses, or treatment plans. Always consult a qualified healthcare practitioner before making any decisions regarding your health or any medical condition. Statements concerning the therapeutic uses of hemp, cannabis, or cannabinoid-derived products have not been evaluated by Australia’s Therapeutic Goods Administration (TGA). Medicinal cannabis products in Australia are accessed via prescription pathways under TGA regulation.
