Drug Testing Group, Marijuana Pharmaceutical Companies Ask Court to Pause Federal Rescheduling Order

A national drug testing association and several marijuana-focused pharmaceutical companies are asking a federal appeals court to pause the Department of Justice’s marijuana rescheduling order while their legal challenge proceeds.

The joint motion was filed June 9 in the U.S. Court of Appeals for the District of Columbia Circuit by the National Drug and Alcohol Screening Association, MMJ International Holdings, MMJ BioPharma Cultivation and MMJ BioPharma Labs.

The filing seeks a stay of Attorney General Order No. 6754–2026, which moved FDA-approved marijuana products and marijuana covered under state medical marijuana licensing programs from Schedule I to Schedule III of the Controlled Substances Act. The order took effect April 28.

The challengers argue that the Department of Justice acted unlawfully by bypassing the formal rulemaking process that had been underway through the Drug Enforcement Administration. That process included a pending administrative hearing on marijuana rescheduling, which was canceled after the order was issued.

According to the filing, the DOJ relied on treaty-related authority under the Controlled Substances Act to issue the order without completing the hearing process. The petitioners argue that this conflicts with a 1977 D.C. Circuit ruling in NORML v. DEA, which they say requires the government to follow formal rulemaking procedures when deciding between schedules that would both comply with international treaty obligations.

The motion says the order “rests on the same construction of the CSA” that the D.C. Circuit rejected nearly 50 years ago. The groups argue that while the law allows the attorney general to act to ensure compliance with international treaties, it does not allow the DOJ to unilaterally reschedule marijuana without the procedural safeguards Congress established.

The challengers also claim the order improperly amended other federal regulations without notice and comment, including rules tied to registration, import and export requirements, and oversight of state-licensed medical marijuana businesses.

The drug testing association argues that allowing the order to remain in place will cause immediate harm to its members, including medical review officers and employers that maintain drug testing policies. The filing says some employers may stop testing for marijuana altogether, while others will face added costs to update workplace policies and interpret positive tests involving state-legal medical marijuana.

The MMJ companies argue they have spent more than $10 million and nearly a decade developing cannabinoid-based pharmaceutical treatments through FDA and DEA channels, and that the order could undermine those investments by moving competing state-licensed medical marijuana products into Schedule III.

The DOJ’s order followed years of federal review over marijuana’s status under the Controlled Substances Act. In 2024, the Biden administration proposed moving marijuana to Schedule III. In December 2025, President Trump directed the attorney general to complete the rescheduling process “in the most expeditious manner” allowed by law.

The April order did not fully reschedule all marijuana. Instead, it applied to FDA-approved drug products containing marijuana and marijuana covered by state medical marijuana licensing programs. A separate hearing remains scheduled for broader marijuana rescheduling issues.

The challengers are asking the court to preserve the previous legal status while the case is reviewed, arguing that marijuana has remained in Schedule I for more than 50 years and that a stay would simply maintain the status quo during litigation.