- Nebraska AG Mike Hilgers and Indiana AG Todd Rokita are seeking D.C. Circuit review of a DOJ and DEA final rule rescheduling certain FDA-approved and state-licensed medical marijuana products from Schedule I to Schedule III.
- In the petition, the AGs argue that the rule was procedurally improper, exceeds or conflicts with DOJ and DEA authority under the Controlled Substances Act and the Single Convention on Narcotic Drugs, and is arbitrary and capricious.
- The challenged rule creates an expedited federal registration process for state medical marijuana licensees and cites U.S. treaty obligations as the basis for moving covered medical marijuana products to Schedule III.
- The AGs ask the court to declare the final agency action unlawful and vacate it. The case has been consolidated with a separate challenge by Smart Approaches to Marijuana and the National Drug and Alcohol Screening Association. Louisiana AG Liz Murrill, who initially joined the AG petition, has since withdrawn.