The Justice Department has asked a federal court to dismiss a cannabis industry lawsuit that seeks to block the enforcement of cannabis prohibition against state-legal activity—in part, it says because the court should not get ahead of a possible cannabis rescheduling decision that’s being considered.
In a document filed with the U.S. District Court for the District of Massachusetts, Western Division, on Tuesday, lawyers for Attorney General Merrick Garland said that Congress “rationally set up an administrative process for rescheduling drugs.”
“Pursuant to that mechanism, the DEA is currently considering” a recommendation from the U.S. Department of Health and Human Services (HHS) “to reschedule cannabis” under the Controlled Substances Act (CSA).
“It is not for the courts to disrupt or get ahead of that administrative process,” DOJ said.
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