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FOIA filed against HHS regarding rescheduling – MEDCAN24



Protect the People’s Trust or PPT is a nonprofit group that advocates government transparency. They have filed a federal suit under the Freedom of Information Act to accuse the U.S. Department of Health and Human Services of refusing to provide the requested rescheduling documentation.

PPT filed two FOIA Requests to HHS in November 2023 regarding the cannabis regulation. HHS is said to have taken the same approach, acknowledging at first the request but then updating the status as “In Process.” HHS allegedly failed to answer the request and had no further communication about it. PPT was specifically requesting records of communications between named officials and employees at the Department of Justice (DOJ) and/or employees at the Drug Enforcement Administration (DEA)  regarding the scheduled classification of marijuana and the recommendation to move marijuana from a Schedule I drug to a Schedule III.

In the complaint, HHS states it responded to FOIA with a tracking code but requested a processing extension. PPT received a notification in January 2024 that the status of their request was “In Process”. This is the group’s last communication.

PPT sent a second FOIA Request in November 2023 that followed a pattern similar to the first. HHS acknowledged the receipt of the FOIA request and asked for a delay. The request was then put on “In Process”. PPT claims that communication about the second request has again stalled.

It states that the complaint is a.

HHS, as an agency that is subject to FOIA has a legal obligation to provide any records not exempt and to give a reason in law for any material withheld.

The group wants the court to order HHS that it must produce documents within 10 business days. PPT would also like to receive reimbursement for legal fees.

Rescheduling delays

Many have accused the agencies in charge of the rescheduling procedure of being slow. Many claim the agencies are simply following procedures. Others say that the process is slow because it requires time for the change to be implemented.

The allegations that DEA had inappropriate conversations with groups against rescheduling are adding fuel to the flames.  The judge who presided over the case halted the hearings after a lawsuit was filed regarding the communications. The Trump administration is also bringing in new department leaders. It appears that the new appointment has anti-cannabis beliefs, but as with many things in the Trump administration it’s unclear if this will have an impact on the bureaucratic processes.

PPT, as it is called, is a group made up of retired public servants and ex-public officials who have decades of government experience. According to the group, it informs Americans about illegal and inappropriate behavior from senior government officials and monitors conflicts of interest. The group sued several government departments for document requests.

2289000-2289438-https-ecf-dcd-uscourts-gov-doc1-045111157579

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