Nebraska, Indiana and Louisiana Sue DOJ Over Marijuana Shift to Schedule 3
Updated
Updated · WOWT · May 28
Nebraska, Indiana and Louisiana Sue DOJ Over Marijuana Shift to Schedule 3
12 articles · Updated · WOWT · May 28
Nebraska joined Indiana and Louisiana last week in suing the Justice Department to block its order reclassifying marijuana from Schedule 1 to Schedule 3.
The states argue DOJ skipped the standard rule-making process, echoing claims in consolidated federal lawsuits that the move violated the Administrative Procedure Act and Controlled Substances Act.
In Nebraska, the suit lands as medical marijuana remains stalled despite voters approving it two years ago, with Attorney General Mike Hilgers already opposing legalization.
Nebraskans for Medical Marijuana and Hilgers' November opponent Jocelyn Brasher said the lawsuit defies voters and interferes with decisions backed by patients, families and doctors.
With medical cannabis rescheduled, how will the upcoming hearing decide the fate of recreational marijuana nationwide?
If these lawsuits succeed, what happens to businesses that already registered with the federal government?
Beyond the legal fight, what are the real tax and market impacts for the cannabis industry?
Trump’s 2026 Cannabis Rescheduling Sparks Major Legal Battle: Impacts, State-Federal Tensions, and the Future of U.S. Marijuana Policy
Overview
In December 2025, President Trump issued an executive order to reschedule certain cannabis products, which was formalized by Acting Attorney General Todd Blanche in April 2026. This move shifted FDA-approved and state-regulated medical cannabis products to Schedule III of the Controlled Substances Act, but did not legalize cannabis federally or include recreational programs. The decision sparked immediate legal battles, with lawsuits from state attorneys general and prohibitionist groups challenging the order. These events highlight the ongoing tension between federal actions and state cannabis laws, as well as the complex legal and policy landscape now facing medical and recreational cannabis stakeholders.