Government Watchdog Group Sues Federal Health Agency Over Failure To Release Marijuana Rescheduling Records
- January 28, 2025
Kyle Jaeger, Marijuana Moment
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).
“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.”