ATACH Mobilises Legal Defense for Federal Cannabis Rescheduling
The American Trade Association for Cannabis and Hemp (ATACH) has announced the formation of a legal team to defend the federal government’s recent decision to move cannabis from Schedule I to Schedule III under the Controlled Substances Act. This move aims to counter legal challenges filed by opponents seeking to block the federal cannabis rescheduling, which represents a significant shift in U.S. federal drug policy.
According to a report by Cannabis Business Times, ATACH has filed a formal notice to participate in a forthcoming Drug Enforcement Administration (DEA) hearing concerning the broad federal rescheduling of cannabis, scheduled to commence next month. This action underscores the organisation’s commitment to protecting the Schedule III designation, which has faced opposition from prohibitionist groups, as previously reported by Hemp Gazette.
Legal Strategy and Team Formation
ATACH has retained Shane Pennington of Blank Rome to lead its legal efforts. Mr. Pennington is noted for his experience in litigation involving the Administrative Procedure Act, the Controlled Substances Act, and the Federal Food, Drug and Cosmetic Act, which are central to the legal arguments surrounding the rescheduling challenges. Additional legal counsel is expected to be announced by ATACH in the near future.
ATACH has been involved in federal rescheduling efforts since 2022, including founding and leading the Coalition for Cannabis Scheduling Reform (CCSR). The organisation has participated in regulatory proceedings and advocacy that contributed to the recent Schedule III designation. Its current focus is on defending this policy change against what it describes as a coordinated legal assault by well-resourced opponents.
Industry Mobilisation and Funding Efforts
To support its legal defense, ATACH has initiated several industry-wide efforts:
- Stakeholder Meetings: Weekly meetings are being convened with industry players, general counsels, and state-level member organisations to coordinate strategy.
- Legal Defense Contributions: Companies and associations interested in contributing directly to the legal defense fund are encouraged to contact ATACH.
- “Round Up for Rescheduling” Campaign: ATACH, in collaboration with Dutchie, has launched a public industry campaign to raise funds. This initiative builds on Dutchie’s existing “Round Up the Change” program, which allows consumers at participating dispensaries to round up their purchases to the nearest dollar, with proceeds directed towards cannabis reform partners.
Dutchie’s network, which includes over 6,500 dispensaries, provides the “Round Up for Rescheduling” campaign with national reach, according to the Cannabis Business Times report. The campaign aims to secure sustained resources for the legal effort throughout the litigation process, extending beyond the initial DEA hearing scheduled for June 29.
Context of the Schedule III Designation
The reclassification of cannabis to Schedule III by the federal government represents a significant regulatory adjustment. The ongoing legal challenges and ATACH’s defense efforts highlight the complexities and contested nature of this federal cannabis rescheduling decision within the United States.
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.
