What is the history of this challenge?

When DEA invited Gettman in April 1995 to submit documented evidence supporting marijuana�s rescheduling, High Times joined with him in a formal administrative petition that would provide a basis to submit DEA�s consideration of marijuana�s rescheduling to judicial review. The petition was accepted for filing by DEA on July 27, 1995. After completing their own review of the petition DEA referred the petition to HHS on December 17, 1997. The CSA requires HHS to conduct a complete scientific and medical evaluation according to a wide range of specific criteria. HHS completed this evaluation on January 17, 2023 and returned the petition to DEA, which formally rejected the rescheduling request for marijuana on March 20, 2023 without providing the opportunity for a hearing. Gettman and High Times then filed their appeal with the District of Columbia Circuit of the US Court of Appeals on April 19, 2023. This case is scheduled for oral argument on March 19, 2002.

What is the government�s argument?

The government argues that because all use of an illegal drug is drug abuse, the extensive illegal use of marijuana is sufficient evidence to establish that it has a high potential for abuse suitable for schedule I status. Also, because the Food and Drug Administration has not approved marijuana for medical use DEA argues that the substance does not have an accepted medical use in the United States. Furthermore, DEA argues that even if marijuana did not have a high potential for abuse it must be kept in schedule I because it does not have an accepted medical use. DEA is also challenging the standing of Gettman and High Times to seek judicial review in the federal courts.

What is being asked of the Court?

The Court is being asked to instruct DEA and HHS to compile a new scientific and medical evaluation of marijuana that heeds the plain language of the statute that requires assessment of marijuana�s relative abuse potential to other scheduled drugs and the impact of scheduling in the individuals most affected by it. Gettman and High Times are asking the Court to order DEA and HHS to hold a public hearing to hear testimony from patients, doctors, and state health officials from California, and other states that have enacted legislation accepting and recognizing medical marijuana use under state law. (Petitioner�s brief cites legislation from Alaska, California, Colorado, Hawaii, Maine, Nevada, Oregon, and Washington.)

How would rescheduling affect the medical use of marijuana?

Contrary to popular belief marijuana�s rescheduling would not in of itself provide a legal basis for the medical use of marijuana under federal law. However rescheduling would substantially reduce the research and development costs of getting medical cannabis approved by the Food and Drug Administration. Furthermore rescheduling would make it easier for state governments to set up and maintain large scale research projects providing medical marijuana to individual patients.