The state attorneys general from Nebraska, Indiana, and Louisiana last week filed a lawsuit challenging the Department of Justice’s recent order to reschedule medical cannabis, the Nebraska Examiner reports.
Nebraska AG Mike Hilgers, Louisiana AG Liz Murrill, and Indiana AG Todd Rokita, all Republicans, argue in the suit that the rescheduling move will make it easier to push adult-use legalization policies. The suit also objects to expanded medical cannabis production and tax changes under the new federal regime.
AG Hilgers opposed the Nebraska medical cannabis legalization campaign in 2024, but about 7 in 10 voters approved the reforms. Hilgers is up for reelection this year and is set to face off against Democrat Jocelyn Brasher, a former assistant Nebraska attorney general.
“Nebraskans should be outraged that taxpayer resources are being spent to challenge the Trump administration’s medical cannabis reform on an issue voters overwhelmingly approved at the ballot box. Mike Hilgers is … interfering with decisions that families, patients and doctors have already made clear they support.” — Brasher, in a statement
In Louisiana, lawmakers established a program to make medical cannabis accessible for patients with specific debilitating conditions, while in Indiana, cannabis is not available legally for any purpose.
Meanwhile, last December, President Trump issued an executive order calling for the rescheduling of cannabis from Schedule I to Schedule III under the Controlled Substances Act. The Department of Justice issued a follow-up order last month, officially making state-regulated medical cannabis products Schedule III. The latest order, however, does not affect other forms of cannabis, meaning state-licensed adult-use operators are still violating federal law.
The DEA is planning hearings to consider the complete rescheduling of cannabis out of Schedule I, which is supposed to be reserved for drugs with “no currently accepted medical use and a high potential for abuse.”
