On May 22, the states of Nebraska, Indiana, and Louisiana filed a Petition for Review in the United States Court of Appeals for the District of Columbia Circuit (“DC Circuit”) challenging the Acting Attorney General’s (“AG”) final agency action moving FDA-approved and state-licensed marijuana into Schedule III of the Controlled Substances Act (“CSA”). The DC Circuit has since consolidated this petition with the one previously filed by SAM, Inc. (“SAM”) and the National Drug and Alcohol Screening Association, Inc. (“NDASA”).
Similar to SAM’s petition, the States’ petition alleges that the AG: (1) failed to comply with the Administrative Procedure Act; (2) exceeded or acted inconsistently with authority under the CSA and the Single Convention on Narcotic Drugs; and (3) acted arbitrarily, capriciously, and in abuse of discretion. Prior to consolidation, SAM had been ordered to submit procedural motions, which would include a potential motion to stay the rescheduling order, by June 4,
