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DEA Asks Court To Toss Marijuana Rescheduling Appeal

If the plaintiffs prevail, the DEA might be compelled to reschedule marijuana

The U.S. Drug Enforcement Administration reiterated that a lawsuit challenging marijuana’s classification as a Schedule 1 drug under the federal Controlled Substances Act should be dismissed because of lack of jurisdiction and merit.

The DEA’s assertion came in a 77-page response to a case in the 9th Circuit Court of Appeals in San Francisco.

In a one-page order in August, the court denied the DEA’s request to dismiss the suit at that time and asked for briefs from the parties.

The case is one of those being watched closely because, if the plaintiffs prevail, the DEA might be compelled to reschedule marijuana.

But some experts believe it’s more likely that the U.S. Congress eventually will reschedule or deschedule marijuana.

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