Researcher Sues DEA Over Marijuana Rescheduling Process

A researcher has filed a lawsuit against the Drug Enforcement Administration, accusing the agency of multiple legal violations in its process of marijuana rescheduling. 

David Heldreth, researcher and CEO of psychedelic research and development company Panacea Plant Sciences, filed a complaint last week in the U.S. District Court for Western Washington against the Department of Justice, Attorney General Merrick Garland, the DEA, its Administrator Anne Milgram, and DEA Judge John J. Mulrooney II.

Heldreth alleges multiple violations in the DEA’s recent marijuana scheduling process and seeks injunctive and declaratory relief.

The process to reschedule marijuana under the Controlled Substances Act began in 2022 when President Joe Biden directed federal agencies to reconsider marijuana’s classification.

Marijuana is currently classified as a Schedule I drug, indicating no accepted medical use and high abuse potential. Rescheduling it to Schedule III would recognize its medical uses and lower abuse potential, similar to drugs like ketamine and anabolic steroids, which have moderate to low dependence risks.

This change would also remove marijuana from Section 280E of the Internal Revenue Code, which currently prohibits businesses involved in the cultivation, production, or sale of Schedule I drugs from deducting operating expenses for tax purposes.

In April 2024, the DEA agreed with the Department of Health and Human Services’ recommendation to move marijuana from Schedule I to Schedule III, easing restrictions on the marijuana industry.

Following this, the DEA opened a 62-day public comment period, which closed on July 22, and received around 43,000 comments from diverse stakeholders, including cannabis advocates, medical professionals, and law enforcement officials.