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DOJ Marijuana Lawsuit Filing Cites Drug Testing Industry And Pharma Company ‘Pocketbook Interests’ In Opposing Rescheduling

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The Justice Department is asking a federal court to stop the marijuana opponents’ request to deny it The Trump administration’s cannabis rescheduling proposal advancing among the general lawsuits challenging the reform.

The government’s brief argues drug testing industry association and pharmaceutical company trying to block rescheduling of cannabis “fulfilling pocket interest by keeping all marijuana on schedule I.”

The U.S. Court of Appeals for the District of Columbia District is handling three separate cases regarding whether cannabis is subject to Schedule I through Schedule III of the Controlled Substances Act (CSA). Against moving to the Annex.

A lawsuit is led by a prohibitionist organization Smart Approaches to Marijuana (SAM) and National Drug and Alcohol Screening (NDASA)and they say they are “offended” by the reform. Another comes from a coalition anti-marijuana activists, substance abuse professionals, doctors and a cannabis-focused biopharmaceutical corporation. He filed a third claim Attorneys General of Indiana, Nebraska and Louisiana— although the latter appeared later withdrew from the suit.

Two of the entities involved in the case — NDASA and the cannabis-based biopharmaceutical corporation MMJ International Holdings — filed a separate motion asking the court to stay the reorganization while the broader challenge is considered.

The DOJ responded to that request on Thursday, arguing that the court should not halt cannabis reform because NDASA and MMJ lack standing to bring the challenge and have not “demonstrated a likelihood of success” in the overall lawsuit.

“Applicants are nowhere near meeting the exacting standard of such exceptional relief.”

The government report says NDASA, which represents drug-testing companies, “only cited general speculation about how the reorganization order might affect the drug-testing industry, rather than specific allegations about how the order affected specific members of the association.”

The group argued that its members would lose revenue due to less employer drug testing for marijuana and the “higher costs” required to “determine whether positive results reflect state-licensed medical use.”

But the DOJ says that’s not the government’s problem.

“In addition, NDASA’s feared future injury would result from customers’ decisions to stop testing marijuana altogether or from its members and their customers’ decisions to increase drug testing costs. Petitioners have not demonstrated that it is “foreseeable,” rather than “speculative,” that third parties will choose to use any illegal testing for marijuana. Increasing costs to drug screeners from continued customer testing would be a continuation of their voluntary billing decisions, not in the reprogramming order.”

The government’s report also states that MMJ has also not set out to pursue its review request, stating that it is “not a current market competitor” and without products that have completed the Food and Drug Administration’s (FDA) clinical research process.

“Petitioners do not establish an Article III identification: the association does not identify any concrete harm to any of its members, and the pharmaceutical company does not demonstrate a competitor’s position when it has not yet produced a product authorized to compete on the market. Nor do the petitioners’ alleged injuries fall within the purview of the CSA. The CSA was enacted to provide a permanent source of revenue for drug enforcement to test marijuana, nor to enact the law to protect “market opportunities” to create “cannabinoid-based drugs.” also

The DOJ filing says the drug-testing group and pharmaceutical company are not “adequate challengers” to the marijuana rescheduling movement.

“The intended beneficiaries of the CSA are therefore the United States public and scientists and physicians seeking legitimate access to controlled substances for research and patient treatment. Petitioners are not the intended beneficiaries of the CSA, nor are their interests systematically aligned with those beneficiaries. Petitioners invoke (1) the interests of drug controllers; to avoid cost losses in business; drug testing protocols; and (3) to prevent market competition by a pharmaceutical company (MMJ), therefore, They call the pocket interests that all marijuana is kept in Schedule I.

NDASA and MMJ argued in their stay motion that cannabis is a “dangerous drug that destroys lives,” and asked the court to suspend reform “to avoid the devastating consequences of ballooning marijuana while this case is pending.”

But the government said in its opposition document that “as the reorganization order recognizes, 40 states have already ‘legalized the sale and use of marijuana for medical purposes’.”

“In light of existing state practice, there is no basis to believe that the limited reorganization action here would result in such prejudice in this appeal,” he said.

This week, Two medical marijuana companies filed a motion to intervene in the reconsideration case siding with the government and opposing the prohibition lawsuits.

The evolution of the case is coming The DEA this week began an administrative hearing on the proposed marijuana redistricting government witnesses and lawyers present highlighting the medical uses and relative safety of cannabis opponents, meanwhile, challenge the process by which officials developed the recommendation for reform.

Under an action announced in April by Attorney General Todd Blanche, marijuana products regulated by a state medical cannabis license were immediately changed from Schedule I to Schedule III of the Controlled Substances Act (CSA). Annex, as well as marijuana products approved by the Food and Drug Administration (FDA). The ongoing hearing is looking at broader rescheduling of cannabis, including for recreational products.

The challenge to SAM and NDASA’s reconsideration request was signed by attorneys at Torridon Law PLCC, where former US Attorney General William Barr, who led the DOJ during Trump’s first term, is a partner.

SAM announced in January that it was Hiring Barr’s firm to fight cannabis rescheduling After Trump signed an executive order directing officials to quickly complete the process.

Meanwhile, the Appropriations Committee of the Chamber Federal officials voted to block further steps to reschedule cannabis. Bipartisan lawmakers told Marijuana Moment, however don’t expect legislative efforts to block rescheduling to be successful.

Separately, SAM, MMJ and other plaintiffs filed a lawsuit seeking to block the Trump administration’s program. Certain hemp-derived products are covered by Medicare. That the case was dismissed by a federal judge in May, though that decision is being appealed.

Read the full DOJ short in the marijuana reorganization case below:

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Transportation Groups Warn Feds Of Marijuana Rescheduling’s ‘Consequences’ For Drug Testing Of Truck Drivers And Pilots

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A coalition of transportation and safety organizations said they have “serious safety concerns” about the Trump administration’s move to federally regulate marijuana.

Led by the American Trucking Association, the groups sent a letter to federal officials Monday asking them to take steps to ensure truck drivers, pilots, transit operators and other safety-sensitive workers continue to be tested for cannabis.

“If employers do not take the necessary steps to preserve the ability of security-sensitive transportation workers to test for marijuana, this change could have significant consequences for the safety of passengers and the entire transportation industry,” wrote Acting Attorney General Todd Blanche, Drug Enforcement Administration (DEA) Administrator Terrance Cole, Health and Human Services Secretary Robert F. Kennedy, and Transportation Secretary J.

The organizations said they understand that federal officials are being “urgently” reorganized under an executive order from President Donald Trump, that they are “deeply concerned that the current process does not adequately take into account agencies responsible for transportation safety or protecting the traveling public” and that they want the agencies to “work together.” ongoing cannabis redistricting hearings and rulemaking process to address these concerns.

In May, the Department of Transportation (DOT) issued new guidelines saying just that Truck drivers, airline pilots and other safety-sensitive workers still cannot use medical marijuana without penalty despite the Trump administration’s move to reschedule.

“Marijuana use is incompatible with safety-sensitive functions,” the department said.

Medical review officers (MROs) who receive drug test results indicating cannabis use cannot rule them out as negative for illegal substance use, even if an employee claims it was a result of state-licensed medical marijuana.

“Currently, there is no way for an MRO to verify that a laboratory-confirmed marijuana drug test result is positive when an employee claims the positive was caused by a state-licensed marijuana product,” the DOT said, explaining that after the reprogramming, medical marijuana dispensed under state law “does not” constitute a drug approved by the Food and Drug Administration (FDA).

The transportation groups said in the new letter that the DOT’s drug-testing program “is in accordance with the Department of Health and Human Services’ (HHS) Mandatory Guidelines for Federal Workplace Drug Testing Programs and HHS-certified laboratories.”

“While DOT has expressed its intention to continue testing marijuana, a commitment we greatly appreciate, it is unclear whether DOT will retain its ability to rely on HHS procedures and certifications after the rescheduling,” they wrote. “Without this alignment, DOT may retain the authority to conduct testing, but lack the scientific and procedural infrastructure to do so.”

“Practically, this would mean that truck and bus drivers, pilots, flight attendants, air traffic controllers, air mechanics, railroad workers, dispatchers and signal workers, transit operators and pipeline workers could continue to perform high-risk safety roles without a reliable means of verifying that they are not actively using marijuana. It relies on controlled substance testing to identify end use and prevent potentially impaired individuals from fulfilling their safety-related obligations. While the planning could create legal or regulatory loopholes, the regulated employer-based drug testing agency warned that the final rules should not jeopardize marijuana testing for safety-sensitive transportation workers.”

“Regardless of the broader policy goals of the review, the federal government should not move forward to preserve transportation drug testing programs and mitigate the risks of increased and unchecked deterioration of our roads, railroads, public transportation systems, pipelines, airspace, and maritime corridors,” the letter says.

The organizations specifically ask federal officials to:

  • Support long-term marijuana testing for all safety-sensitive transportation workers;
  • Confirm the authority of DOT-regulated employers to perform such tests;
  • Ensure HHS laboratory certification and testing guidelines remain available and aligned with DOT’s safety mission; and
  • Establish a coordinated federal strategy to address the transportation security implications of rescheduling.

“The public and the workers who keep our transportation system running safely deserve a process that ensures these safeguards are firmly in place before any final action is taken,” he said. the letter he says

Earlier this month, the House Appropriations Committee approved a provision to allow federal officials to continue requiring government employees and security-sensitive employees, such as truck drivers and airline pilots must be drug tested for marijuana, “regardless of any future change in legal status or schedule.”

This was followed by a press conference organized by prohibitionist groups and a drug-testing industry association, where both Republican lawmakers joined the proclamation. “Cut” to marijuana rescheduling by asserting that safety-sensitive transportation workers can still be punished for testing positive for THC.

Legislators and abolitionist activists argued that moving marijuana to Schedule III would lead to a 1986 executive order signed by President Ronald Reagan defining illegal drugs under the Controlled Substances Act (CSA) in relation to the use of cannabis by truck drivers and other airline employees.

Last October, Transportation Secretary Sean Duffy suggested that President Donald Trump was “putting pressure” on rescheduling cannabis.arguing that marijuana is “truly addictive” and that policy reform on the issue sends a “dangerous” message.

“At a time when the culture is encouraging and celebrating the use of marijuana, we’re not talking about risk,” Duffy said.

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