Ahead of a key deadline for participation in hearings next month on marijuana’s status, attorneys general from three states have asked a federal judge to undo the Justice Department’s historic reclassification of medical cannabis to a Schedule 3 drug.
The petition filed in the D.C. Circuit Court May 22 by the attorneys general of Indiana, Louisiana and Nebraska claims that Acting Attorney General Todd Blanche’s April 23 final order violates federal administrative law as well as international drug-control treaties.
“Petitioners will show that this agency action fails to comport with the requirements of the Administrative Procedure Act… because it was improperly promulgated and was otherwise procedurally improper,” the filing reads in part.
“Petitioners thus ask that this Court declare unlawful and vacate this final agency action.”
The petition is signed by:
- Indiana Attorney General Todd Rokita
- Nebraska Attorney General Mike Hilgers
- Louisiana Attorney General Liz Murrill
Notably, both Hilgers and Murrill represent states with legalized medical cannabis, though Nebraska still has no legal access.
And critics have said one reason why is staunch opposition from Hilgers, who reportedly once said his “main job is to stop the spread of cannabis in the state of Nebraska.”
State attorneys general repeating major anti-cannabis org’s talking points
Their argument is nearly identical to the one employed by familiar cannabis policy reform foe Smart Approaches to Marijuana. SAM Inc. filed its own petition in the D.C. Circuit Court on May 4 demanding marijuana rescheduling be reversed, records show.
The court on Tuesday combined the two filings into the same case, to be heard at the same time late next month.
It will be SAM’s second try at unraveling major Trump administration cannabis reform efforts. On May 22, a federal judge dismissed the organization’s attempt to stop a new program offering federal healthcare subsidies for CBD treatments. In that case, a judge ruled that SAM failed to demonstrate that it was harmed or aggrieved.
Marijuana rescheduling’s anticipated legal challenges come ahead of a deadline Thursday for “interested persons” to ask the U.S. Drug Enforcement Administration to participate in hearings on cannabis’ status next month.
Those hearings are currently scheduled to begin June 29 and end “not later than” July 15, according to a notice in the Federal Register. An “interested person” is defined as “any person adversely affected or aggrieved” by the proposed rule.
Is Nebraska the most anti-marijuana state to have legalized medical cannabis?
It’s unclear whether the attorneys general will also seek a voice at the hearing – but if they do, it’ll be familiar ground for Hilgers.
In the fall of 2024, the state of Nebraska was one of two state actors to be granted “full standing” to participate in Biden administration-era hearings scheduled to consider cannabis rescheduling.
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At the time, Hilgers was waging what was ultimately a failed court battle to undo voter-approved MMJ in that state.
Those hearings were later abandoned on the eve of President Donald Trump’s second inauguration after pro-rescheduling parties filed an appeal, claiming the DEA was rigging proceedings in favor of keeping cannabis a Schedule 1 drug.
Nebraska was also briefly left off a list of U.S. states in a federal spending bill where the Justice Department is forbidden from prosecuting state law-abiding cannabis businesses.
