Cannabis Industry Attorney Concedes D.C. Circuit Challenge Could Reverse Marijuana Rescheduling

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"For weeks investors have been told that the legal challenges to marijuana rescheduling were merely procedural speed bumps. Now a respected cannabis industry attorney has acknowledged what MMJ has maintained all along: if the D.C. Circuit reaches the merits, the Schedule III order faces substantial legal risk. Courts decide cases based on law and evidence-not industry wishful thinking," said Duane Boise, CEO of MMJ International Holdings.

WASHINGTON, DC / ACCESS Newswire / June 16, 2026 / MMJ International Holdings today highlighted a significant development in the ongoing legal challenge to the federal government's marijuana rescheduling order after cannabis industry attorney Jason Adelstone publicly acknowledged that the D.C. Circuit challenge brought by MMJ International Holdings and the National Drug and Alcohol Screening Association (NDASA) presents a substantial threat to the Schedule III rule.

In a June 15 analysis published by Harris Sliwoski LLP, Adelstone wrote that if the petitioners establish standing and the court reaches the merits of the case, the DEA's marijuana rescheduling rule is "more likely than not" to be stayed and ultimately reversed.

The statement stands in sharp contrast to recent commentary suggesting that the legal challenge is merely a procedural obstacle with little chance of success.

"The significance of this admission cannot be overstated," said Duane Boise, CEO of MMJ International Holdings. "For weeks investors have been told that the legal challenges to marijuana rescheduling were simply speed bumps. Now an attorney who represents cannabis businesses and generally supports reform has acknowledged that if the D.C. Circuit reaches the merits, the Schedule III order faces substantial legal risk."

The litigation challenges the Department of Justice's use of treaty authority under 21 U.S.C. § 811(d) to implement marijuana rescheduling and raises questions regarding compliance with the Controlled Substances Act, federal administrative procedures, and the government's legal authority to bypass portions of the rulemaking process.

Adelstone's analysis further acknowledges that the petitioners' reliance on the D.C. Circuit's own precedent in NORML v. DEA may force the court to confront legal questions that extend far beyond marijuana policy.

The challenge also includes declarations from experts addressing public health, regulatory compliance, and competitive injury concerns associated with the federal government's approach to marijuana rescheduling.

MMJ International Holdings has argued that the federal government cannot simultaneously require pharmaceutical developers to spend years navigating FDA and DEA requirements while extending Schedule III benefits to entities that have not followed the same scientific and regulatory pathway.

"This case has never been about opposing science or opposing medical research," Boise added. "It is about ensuring that federal agencies follow the law and that public health decisions are based on evidence, transparency, and equal application of regulatory standards."

The D.C. Circuit Court of Appeals is currently considering motions related to the rescheduling challenge while additional proceedings remain pending.

About MMJ International Holdings

MMJ International Holdings develops pharmaceutical cannabinoid therapies through the FDA and DEA regulatory pathways. The company is advancing investigational treatments for Huntington's disease and multiple sclerosis and has invested more than eight years and over $10 million pursuing federally compliant cannabinoid drug development.

CONTACT:

Madison Hisey

[email protected]

203-231-8583

SOURCE: MMJ International Holdings