Will the Supreme Court Hear Litigation To De- Or Re-Schedule Marijuana?

A growing distrust of administrative agencies may be enough to convince four justices to accept the case. Last summer I wrote about a ruling by the Second Circuit concerning a lawsuit filed by five persons challenging marijuana’s status as a schedule I drug under the Controlled Substances Act (“CSA”). The lawsuit asked the federal courts to rule that marijuana’s status as a schedule I drug is unconstitutional under the Due Process Clause of the Fifth…


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