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Rokita wants to block federal marijuana shift

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Rokita wants to block federal marijuana shift

May 28, 2026 | 8:15 am ET
By Niki Kelly
Rokita wants to block federal marijuana shift
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Indiana is one of only 10 states that doesn't allow medical or recreational marijuana use. (Photo by Sean Gallup/Getty Images)

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.

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“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.”

A statement provided by Rokita’s office explained the litigation.

“One of our office’s top priorities is protecting Hoosier families — especially our children and young people — from the serious dangers posed by expanded access to marijuana. This is not a harmless substance. It carries well-documented risks, including addiction, permanent damage to adolescent brain development, increased rates of psychosis and depression, and significantly higher instances of impaired driving. “We have consistently opposed both the reclassification and any softening of marijuana’s status under federal or state law. This lawsuit is simply the latest example of that firm commitment.”

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.