DEA Asks Federal Court To Dismiss Marijuana Rescheduling Lawsuit—Again

MJ moment

The Drug Enforcement Administration (DEA) is again asking a federal court to reject a case calling for a review of its decision not to reclassify marijuana under federal law. In a brief filed with the U.S. Court of Appeals for the Ninth Circuit on Monday, the federal agency asserted that the suit is invalid because the plaintiffs in the case weren’t the ones to make the ultimately rejected rescheduling request in the first place and, they claimed, the petition lacked merit in any case. Scientists and veterans sued the federal agency in May, arguing that the legal basis DEA has used to justify keeping cannabis in Schedule I of the Controlled Substances Act is unconstitutional. They asked for a review of its decisions to reject rescheduling petitions in 2020, 2016 and 1992. DEA asked the court to dismiss the suit, but that request was rejected in August. It was “denied without prejudice to renewing the arguments in the answering brief,” the judges said. Now in its answering brief, the agency repeated several arguments attempting to make the case that the court should drop the case. They stated that the petitioners don’t have standing to pursue the suit, they failed to exhaust administrative options and the 2020 petition for rescheduling that’s in question was correctly decided when DEA denied it. But these are effectively the same claims that the agency made when the court previously denied their request for a dismissal, attorneys representing the petitioners told Marijuana Moment. And that indicates that DEA might not have a strong defense against the lawsuit. “I’m just going to say we feel really good about our position right now. On the first half of their brief, that’s largely what they wrote before. Some of its verbatim actually, they didn’t change anything,” Matt Zorn, a lawyer…

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Source : DEA Asks Federal Court To Dismiss Marijuana Rescheduling Lawsuit—Again

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