The federal medical cannabis rescheduling order issued by the U.S. Department of Justice (DOJ) has drawn legal challenges from three states and a coalition of prohibitionist organizations. Nebraska, Indiana, and Louisiana filed a petition for review in the U.S. Court of Appeals for the District of Columbia Circuit on May 22, 2026, seeking to reverse the immediate reclassification of medical cannabis to Schedule III under the Controlled Substances Act (CSA).
This action follows a similar petition filed earlier by Smart Approaches to Marijuana (SAM) and the National Drug and Alcohol Screening Association (NDASA). On May 27, 2026, the D.C. Circuit consolidated these challenges, setting deadlines for briefs to be filed by June 4 for SAM and NDASA, and June 26 for the states, according to a report by Cannabis Business Times.
Legal Basis of the Challenges
The petitions name U.S. Acting Attorney General Todd Blanche and Drug Enforcement Administration (DEA) Administrator Terrance Cole as respondents. The core of the legal argument, as outlined in the 15-page petition filed by state attorneys general Todd Rokita (Indiana), Mike Hilgers (Nebraska), and Liz Murrill (Louisiana), is that the agency action violates the Administrative Procedures Act (APA), 5 U.S.C. §§ 551 to 559. The states contend that the order was improperly promulgated, procedurally improper, exceeds or is inconsistent with pertinent authority, including the CSA, 21 U.S.C. § 801 et seq., and the Single Convention on Narcotic Drugs, 18 U.S.T. 1407 (Ratified 1967). They argue the action is arbitrary, capricious, an abuse of discretion, and not in accordance with law, requesting the court to declare it unlawful and vacate it.
SAM and NDASA’s earlier filing similarly alleged that the order violates the rulemaking requirements of the APA and section 201 of the CSA, 21 U.S.C. § 811, and exceeds the statutory authority of the Attorney General. The prohibitionist groups, represented by attorneys at Torridon Law PLCC, where former U.S. Attorney General William Barr is a partner, claimed they have been “aggrieved” by the federal cannabis reform, as reported by Marijuana Moment.
The Rescheduling Order and Its Rationale
Acting Attorney General Todd Blanche’s April 22, 2026, order directed the immediate reclassification of state-licensed medical cannabis and FDA-approved products containing cannabis or cannabis extracts to Schedule III. This action was taken under his authority to reschedule drugs to fulfill the United States’ obligations under the Single Convention on Narcotic Drugs, an international drug treaty.
The decision followed a months-long medical and scientific evaluation by the U.S. Department of Health and Human Services (HHS), which concluded in August 2023 that cannabis has “currently accepted medical use” in the U.S. and that its potential for abuse is less than substances in Schedules I and II of the CSA. While Blanche acknowledged this HHS finding, his order primarily leaned on a 2024 opinion from the DOJ Office of Legal Counsel (OLC). This OLC opinion determined that placing marijuana in Schedule III would largely satisfy the United States’ obligations under the Single Convention and the Convention on Psychotropic Substances with respect to Δ9-THC.
Blanche’s order explicitly stated: “I am hereby ordering that FDA-approved drug products containing marijuana, as well [as] marijuana in any form covered by a state medical marijuana license, be placed in Schedule III of the CSA.” He also noted that the reclassification of adult-use cannabis would proceed through the traditional APA process, including an administrative law judge hearing scheduled to commence on June 29.
Consolidation and Future Arguments
The consolidation of the states’ and prohibitionist groups’ petitions means these legal challenges to the medical cannabis rescheduling will be heard together. Petitioners are expected to argue in their upcoming briefs that the OLC opinion was flawed and that Acting Attorney General Blanche’s rescheduling actions were not in compliance with APA procedures. SAM CEO Kevin Sabet stated, “We welcome these legal challenges brought by the attorneys general, who are taking bold action to stop this illicit order… 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.”
The outcome of these legal proceedings will be significant for the regulatory landscape of medical cannabis in the United States, potentially influencing market dynamics and access pathways for patients and operators.
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.
