DEA Faces Lawsuit Alleging Bias In Marijuana Rescheduling Process
A Washington-based researcher has filed a lawsuit against the Drug Enforcement Administration (DEA), alleging multiple legal violations in the agency’s process of rescheduling marijuana. As Forbes reported, the complaint, filed in the U.S. District Court for Western Washington, names the Department of Justice, Attorney General Merrick Garland, DEA Administrator Anne Milgram and DEA Judge John J. Mulrooney II as defendants.
Accusations Of Flawed Process
David Heldreth, CEO of psychedelic research firm Panacea Plant Sciences, claims the DEA’s recent actions violate federal law and constitutional principles. He seeks injunctive and declaratory relief to halt the agency’s rulemaking process until these issues are addressed. The case marks a significant challenge to the DEA’s handling of marijuana rescheduling, an effort initiated in 2022 following President Joe Biden’s directive to reexamine marijuana’s classification.
Currently, marijuana is listed as a Schedule I drug, a category reserved for substances with no accepted medical use and a high potential for abuse. Reclassification to Schedule III would acknowledge its medical potential and lower abuse risk, placing it alongside substances like ketamine and anabolic steroids. Such a shift would also exempt cannabis businesses from Section 280E of the Internal Revenue Code, which prevents them from being able to deduct operating expenses, a significant financial burden on the industry.