Government Watchdog Group Sues Federal Health Agency Over Failure To Release Marijuana Rescheduling Records

A nonprofit organization focused on government transparency has filed a lawsuit against the U.S. Department of Health and Human Services (HHS) for allegedly violating federal law by refusing to turn over records related to the ongoing marijuana rescheduling process.

The group, Protect the Public’s Trust, filed the suit in the U.S. District Court for the District of Columbia on Friday, claiming HHS has not complied with Freedom of Information Act (FOIA) statutes for two records requests that were submitted in late 2023.

The first request sought records of communication between certain HHS employees and staff with the Justice Department and Drug Enforcement Administration (DEA) concerning the Biden administration’s proposal to move cannabis from Schedule I to Schedule III of the Controlled Substances Act (CSA).

“Release of these records is in the public interest because it will contribute to the public’s understanding of HHS’s operations and activities and its regulation of marijuana,” Protect the Public’s Trust said in its complaint.

The organization’s second request asked for records of communications about cannabis rescheduling among officials in the Food and Drug Administration’s (FDA) Office of Communications, as well as records of communications on the issue between that FDA office and officials at HHS or the Centers for Disease Control and Prevention (CDC).

In both incidences, the plaintiffs allege that HHS went “silent” after sending an initial acknowledgement letter and designating the requests as complex due to “unusual circumstances” that applied to their processing.

“Over 418 days have elapsed since HHS received PPT’s requests, yet HHS still has not made a determination with respect to them,” the complaint says. “HHS has not produced responsive documents to PPT, has not communicated the scope of the documents it intends to produce or withhold—along with the reasons for any withholding—and has not informed PPT of its ability to appeal any adverse portion of its determination.”

The organization is asking the court to take jurisdiction of the matter and compel HHS to turn over the requested records within 10 days of a court order, or as much time as the judge deems appropriate.

Marijuana Moment reached out to HHS for comment responding to the allegations, but a representative was not immediately available.

While it’s unclear what the requested communications might reveal about the rescheduling effort, HHS was responsible for conducting a scientific review into cannabis and ultimately recommended moving marijuana to Schedule III, submitting its findings to DEA.

In an unusual turn of events, Attorney General Merrick Garland—and not the head of DEA—signed off on the proposed rule. That and other factors have led some to suspect DEA internally opposed the reform, and that concern has also prompted legal challenges within the agency’s own administrative court that’s overseeing hearings on the rule. Those hearings were recently delayed in response to the challenges.

HHS has received numerous FOIA requests related to its role in the rescheduling process. For example, the agency in late 2023 provided a redacted version of a letter it sent to a top DEA official describing its findings and recommendations following its 11-month review into cannabis.

What comes next in the process is uncertain, especially considering that President Donald Trump has yet to formally nominate someone to lead DEA on a permanent basis. However, the official currently named as acting administrator has been critical of the rescheduling effort, while peddling sensationalist claims about marijuana use.

Trump did endorse rescheduling on the campaign trail before winning a second term, but he’s since gone silent on the issue.

The announcement that Maltz will be serving as acting administrator comes as another former agency official, Jack Riley, says he’s being courted to potentially lead DEA under the newly inaugurated Trump administration. Riley has previously described marijuana as a “gateway drug.”

Trump initially chose Hillsborough County, Florida Sheriff Chad Chronister to lead DEA, but the prospective nominee—who strongly advocated for marijuana decriminalization—withdrew from consideration last month amid scrutiny from conservative lawmakers over the sheriff’s record on COVID-related public safety enforcement actions.

Meanwhile, Trump’s choice for U.S. attorney general, former Florida Attorney General Pam Bondi (R), is declining to say how she plans to navigate key marijuana policy issues—including the ongoing rescheduling process and renewing federal enforcement guidance—if she’s ultimately confirmed.

While DEA is supposed to be defending the marijuana rescheduling proposal, a recent poll found that nearly all cannabis consumers—96 percent—don’t trust the agency to do so.

Read the FOIA lawsuit against HHS and initial records request concerning marijuana rescheduling communications below: