The Justice Department (DOJ) and organizations challenging the federal government’s effort to loosen cannabis restrictions have submitted a joint proposal for moving their legal battle forward.
In a filing submitted Friday to the U.S. Court of Appeals for the DC Circuit, the parties outlined a schedule that would complete written arguments by February 2027 and potentially allow judges to hear oral arguments before the court goes into recess.
The consolidated litigation involves three separate challenges to the rescheduling of cannabis from Schedule 1 to Schedule 3 of the CSA. The cases were brought by the NDASA and SAM, a coalition that includes cannabis opponents, and medical professionals, and attorneys general from Nebraska and Indiana.
Under the agreement, the eleven petitioners would combine their arguments into one opening brief and one reply. The proposed timeline calls for the main petitioners’ brief to be filed Nov. 24, followed by supporting briefs from outside parties on Dec. 1. The government would respond by Jan. 13 next year, with additional supporting briefs due Jan. 20. Petitioners would then submit their reply by Feb. 5, followed by the joint appendix and final briefs later that month.
The parties said the schedule gives challengers additional time to prepare combined filings while allowing government attorneys more time because the response period overlaps with several holidays. They also cited previously scheduled international travel involving government counsel.
The filing asks the appeals court to hear arguments as soon as practical after briefing concludes. The parties also want permission to exceed the court’s usual word limits, citing the number of issues involved and questions surrounding whether the challengers have legal standing.
The latest development follows the court’s rejection last month of a request by MMJ and NDASA to halt the reclassification process while the lawsuits proceed. The challengers argued that reclassification could expand cannabis use and create broader public health concerns.
The DOJ countered that the groups have financial interests tied to keeping cannabis in the most restrictive federal category and questioned whether they are appropriate parties to challenge the policy.
Additionally, the court declined to let two medical cannabis companies formally intervene on the government’s side, although they were permitted to participate by submitting friend-of-the-court briefs.
Separately, proceedings before a DEA administrative judge have focused on the broader rescheduling proposal. The DEA has argued that cannabis no longer meets the criteria for Schedule 1 as it has recognized medical applications and can be used safely under a physician’s supervision.
The DEA has also relied on a review by the DHHS, which recommended moving cannabis to Schedule 3. The agency said the evidence better places cannabis alongside Schedule 3 substances based on abuse and dependence characteristics.
Opponents dispute that conclusion, challenging the federal government’s updated method for determining accepted medical use and warning about potential effects on workplace drug testing.
The administrative judge will ultimately issue a recommendation, while the DEA administrator will make the final determination. The marijuana industry, including businesses like Trulieve Cannabis Corp. (CSE: TRUL) (OTCQX: TCNNF), will be watching how the rescheduling process moves through the different steps before a final ruling is made.
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