GTBIF - DOJ To Federal Court: Don't Disrupt DEA's Rescheduling Process Drop Cannabis Industry Lawsuit — Legal Tug-Of-War Continues | Benzinga
On Tuesday, the Justice Department urged a federal court to dismiss a lawsuit filed Monday by prominent members of the cannabis industry that aims to stop the government from enforcing its ban on marijuana, even though some states have legalized it within their borders.
The DOJ lawsuit essentially says that the court should not get ahead of a possible cannabis rescheduling decision by the DEA, which is under consideration.
In a document filed with the U.S. District Court for the District of Massachusetts on Tuesday, lawyers for Attorney General Merrick Garland said that Congress "rationally set up an administrative process for rescheduling drugs," reported Marijuana Moment.
“It is not for the courts to disrupt or get ahead of that administrative process,” the DOJ stated as it urged the court to wait for the DEA’s decision before considering the industry’s challenge.
But the government’s defense goes beyond procedural concerns. It also argues that the cannabis businesses involved in the suit lack standing, meaning they have not ...