Anti-Rescheduling Parties Ask Court To Stay Schedule III Cannabis Order
“The court should stay the rescheduling order pending review”
A national organization that promotes drug-free workplaces and a pharmaceutical company specializing in cannabinoids filed a motion June 9 in federal court that attempts to put the Trump administration’s immediate rescheduling of medical cannabis on hold.
The National Drug and Alcohol Screening Association (NDASA) and MMJ International Holdings, whose subsidiary holds an active DEA Schedule I analytical laboratory registration, asked the U.S. Court of Appeals for the District of Columbia Circuit to stay U.S. Acting Attorney General Todd Blanche’s April 22 signed order reclassifying state-licensed medical cannabis to Schedule III until a lawsuit seeking to vacate the entirety of the order is resolved.
The plaintiffs argue that the court should consider four factors:
- A court decision between cannabis reform advocacy group NORML and the Drug Enforcement Administration (DEA) from nearly 50 years ago;
- The rescheduling order “unlawfully” bypassed notice-and-comment rulemaking;
- The two plaintiffs will “suffer irreparable harm” absent a stay; and
- The balance of equities and public interest.
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