Federal lawsuit says marijuana’s Schedule I listing unconstitutional

A diverse cadre of cannabis advocates filed a federal lawsuit Monday challenging the constitutionality of the Controlled Substances Act (CSA) as it pertains to marijuana.

Attorney General Jeff Sessions and Drug Enforcement Administration acting administrator Charles Rosenberg were named as defendants in the lawsuit brought by a former NFL player, two children using medical marijuana, an Iraq War vet with post-traumatic stress disorder and a social justice nonprofit organization.

The CSA’s classification of cannabis as a Schedule I substance — a designation reserved for the most dangerous substances including heroin, LSD and mescaline — is so “irrational” that it violates the U.S. Constitution, plaintiffs claim.

The 89-page complaint, filed in the Southern District of New York by attorney Michael S. Hiller, further claims that the federal government does not believe and never has believed that cannabis meets or ever met the three Schedule I requirements: high…

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