Scientists Cite Obscure Federal Marijuana Memo In Scheduling Case Against DEA

MJ moment

Attorneys representing scientists and veterans in a case against the Drug Enforcement Administration (DEA) are again asking a federal court to hear their case challenging marijuana’s federal classification. And a previously undisclosed document cited in their new brief shows that the government has been relying on the same type of arguments for decades to maintain the status quo. In the latest back-and-forth in the case, plaintiffs filed a response to DEA’s request to dismiss the lawsuit, which centers on the agency’s denial of a petition to consider rescheduling cannabis. The scientists argued that DEA is wrong in its primary claim that they lack grounds to pursue the court action, and they pointed out that the agency declined in its most recent brief to meaningfully respond to their merit-based arguments. Therefore, plaintiffs are again asking the U.S. Court of Appeals for the Ninth Circuit to grant their “petition for review” of DEA’s rescheduling denial. “Lacking a meaningful response on the merits, Respondents renew their jurisdictional attack,” the new filing states. “Those arguments all rest on the same mistaken assumption: that Petitioners cannot obtain judicial review of DEA’s final decision denying another’s petition for rulemaking.” DEA has contended that, because the scientists were not behind the original rescheduling petition that the agency denied, they can’t fight the decision in court. But in their response, plaintiffs say they are directly impacted by that decision and are entitled to judicial review. “Look, standing is a big deal, and so they have every right to raise it. But when you look at that in combination with the lack of argument they make on the merits, then you start to see that maybe something is going on,” Shane Pennington, one of the attorneys on the case, told Marijuana Moment. “We wrote 20 pages of arguments in…

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Source : Scientists Cite Obscure Federal Marijuana Memo In Scheduling Case Against DEA

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