Seven members of Congress and a slew of marijuana reform groups have submitted legal documents urging the U.S. Supreme Court to take up a lawsuit against the Drug Enforcement Administration’s (DEA) refusal to change the federal classification of cannabis.
In an amicus brief filed on Tuesday, the lawmakers sided with the plaintiffs and said the prohibition of marijuana is unconstitutional and should be resolved by the Court. The Schedule I status of cannabis under the Controlled Substances Act “creates an unconstitutional framework that unfairly burdens their constituents,” the brief states.
The original lawsuit against DEA was filed in 2017 by a coalition of medical cannabis patients and activists, including Alexis Bortell and former NFL player Marvin Washington. It was rejected in a series of rulings by lower courts, but attorneys for the plaintiffs said those decisions made it clear their only source of acceptable relief would come from the Supreme Court.
That’s because both a U.S. District Court and U.S. Court of Appeals for the Second Circuit previously determined that advocates would have to first seek administrative relief through existing channels such as a petition asking DEA directly to reclassify cannabis. But the plaintiffs said they wouldn’t go that route because they believe the request would be denied by DEA and because the agency would, at best, reclassify marijuana as a Schedule II drug, which they say could create additional harms in terms of patient access to the plant.
It’s not clear whether the Supreme Court will take the case, but the batch of amicus briefs could give added weight to the case, particularly when members of Congress are calling for action. The nine justices are scheduled to discuss whether to grant a hearing during a private October 9 conference.
“The submission of an amicus brief by seven members of Congress