Doctors who support marijuana rescheduling drop lawsuit against DEA

A group of medical professionals who support rescheduling marijuana have dropped a lawsuit against the U.S. Drug Enforcement Administration that, among other things, accused the agency of rigging the process against changing the drug’s status under federal law.

Despite voluntarily dismissing the suit, Doctors for Drug Policy Reform (D4DPR) scored “a major win for transparency and accountability” by revealing what the litigants believe is DEA bias, according to Dr. Bryon Adinoff, the group’s president.

“The cannabis advocacy community has long questioned the DEA’s objectivity, and these documents confirm those concerns,” he said in a Monday news release.

“Our goal was to expose the agency’s improper conduct – and we succeeded.”

And D4DPR might not be done with the DEA: Court documents show that D4DPR could refile its lawsuit if the Trump administration resumes the process that could lead to marijuana being moved to Schedule 3 of the Controlled Substances Act.

Marijuana remains a Schedule 1 drug despite an August 2023 finding from Biden administration health officials that the drug has medical value and a currently accepted medical use in the United States.

However, a May 2024 Justice Department proposal to move marijuana to Schedule 3, which would unlock significant tax relief for legal plant-touching cannabis businesses, remains on indefinite hold.

Hearings scheduled to begin in January were canceled pending a separate appeal.

And the DEA has made no move on that appeal, according to recent filings.

The D4DPR sued in an effort to be added to those hearings as one of 25 “designated participants” selected by the DEA.

But that lawsuit also unearthed documents that D4DPR believes suggests the DEA selected witnesses – and offered coaching to certain parties – with an eye toward ensuring the outcome kept marijuana at Schedule 1.

Those allegations were first reported by MJBizDaily, as D4DPR’s release noted.