Federal Agency To Release All Redacted Documents Related To Cannabis Rescheduling Memo, Amid Litigation

The Department of Health and Human Services (HHS) said it will release full documents regarding the agency's recommendation to federally reschedule cannabis amid litigation over a Freedom of Information Act (FOIA) request that was filed by lawyer Matthew C. Zorn last year, writes Marijuana Moment.

In October, Zorn filed a complaint in the U.S. District Court in Washington, D.C. against the HHS demanding that it produce a copy of the letter issuing the cannabis scheduling review directive.

Now, the Department of Justice attorney handling the case confirmed in an email to Zorn on Thursday that the letter will be released in full.

"Good afternoon and thank you for your patience. The agency has advised that it will release the letter and its enclosures in their entirety," the email read, according to the screenshot Zorn posted on his blog On Drugs. 

The commitment to release full documents comes about a month after the HHS released some details regarding its August recommendation to the DEA to reclassify cannabis to Schedule III under the federal Controlled Substances Act (CSA). In December, attorneys Shane Pennington and Zorn released 250 pages of redacted documents on their blog. Out of 252 pages, only 2 were released in their entirety. The rest were significantly redacted.

Zorn told Marijuana Moment that the news comes after a "little scuffle" with the federal government over the deadline in the FOIA lawsuit. Namely, the Justice Department tried to eliminate a deadline for summary judgment scheduled for Jan. 19, but Zorn filed an opposing brief, which the judge accepted, denying the government's motion.

The Power Of Lawsuit 

According to Zorn, the "lawsuit could have accelerated" the timing of the government's scheduling announcements, though there's a chance that the letter will be published without the DEA reaching a scheduling decision.

Pennington praised Zorn's persistence and actions. "Matt has demonstrated once again that litigation is a powerful tool for unlocking doors, solving problems, and doing the ‘impossible,’" he told the outlet. 

It is generally believed that the redacted documents contain new scientific data from recent years that indicated HHS should reschedule cannabis. 

It is important to mention that at the beginning of Jan., the DEA told House lawmakers that it is "now conducting its review" of marijuana as a Schedule 1 drug and has “final authority” on rescheduling.

 Continue reading on Marijuana Moment.

Related Links: Did Biden Administration Ever Send Letter Directing Marijuana Scheduling Review? HHS Has No Record Of It

Photo: Benzinga edit with images by Matthew Sichkaruk via Unsplash and Fry1989 via Wikimedia Commons