Indiana Attorney General Todd Rokita has joined a lawsuit challenging the federal government’s move to reclassify marijuana’s legal status.
Proponents of legalizing medical and recreational marijuana have expressed hope that the change will lead to Indiana altering its own law. Indiana is among only 10 states that don’t allow either medicinal and recreational marijuana sales.
The proposed federal change would move state-approved medical marijuana from Schedule I — reserved for drugs with no accepted medical use — to Schedule III, a less restrictive category that recognizes some medical uses.
But Rokita — along with the attorneys general in Nebraska and Louisiana — want to block the maneuver.
In a May 22 filing with the U.S. Court of Appeals for the District of Columbia Circuit, the states claim that the U.S. Department of Justice, Acting U.S. Attorney General Todd Blanche and the U.S. Drug Enforcement Administration didn’t follow proper procedure with the rule change.
“And, ultimately, that this agency action is arbitrary, capricious, an abuse of discretion, and not in accordance with law,” the request for review said. “Petitioners thus ask that this Court declare unlawful and vacate this final agency action.”
On Wednesday, the complaint was consolidated with a separate suit filed earlier this month by Smart Approaches to Marijuana (SAM) and the National Drug and Alcohol Screening Association (NDASA).
“We welcome these legal challenges brought by the attorneys general, who are taking bold action to stop this illegal order,” SAM CEO Kevin Sabet said in a press release. “Our coalition is growing as leaders around the country recognize that this unprecedented order will cause significant harm to public health and safety. We won’t rest until this dangerous action is reversed.”
Rokita’s office didn’t respond to a request for comment sent Wednesday evening.
But in December, Rokita joined a letter from eight attorneys general opposing the move by the Trump administration.
“We all believe the science surrounding marijuana — which has become only more clear in recent weeks — properly establishes it as a Schedule I drug, and we have seen firsthand the harm the drug has caused in our communities,” the joint statement said.
They warned that rescheduling the drug to a lesser level could expand the use of marijuana, which will have a negative impact on communities, including children and adolescents.
Republican state Sen. Mike Bohacek, of Michiana Shores, recently announced his plans to draft 2027 legislation that would legalize medical marijuana in Indiana and establish regulations governing its sale, distribution and use. Bills for the 2027 session can’t be filed until later this year.
Gov. Mike Braun last month also signaled openness to broader discussions about marijuana legalization and regulation in Indiana. The governor stopped short of endorsing full legalization but said he was open to reviewing policy recommendations and hearing proposals from lawmakers on how Indiana should approach marijuana regulation moving forward.
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