Nebraska AG Hilgers joins opposition to reclassifying weed as less-dangerous drug

Nebraska Attorney General Mike Hilgers sent a letter this week from 11 red states arguing that the Biden administration should not reclassify marijuana from a Schedule I drug to the lesser classification of Schedule III.

The attorneys general from Alabama, Arkansas, Indiana, Iowa, Kansas, Louisiana, Mississippi, Montana, South Carolina and South Dakota joined Hilgers’ argument that the consequences of legalization in a handful of nearby states have been negative enough — and raised legal questions about the federal process. Such letters are often precursors to lawsuits.

Schedule I drugs are those classified by the federal government as having no medical use and being prone to misuse. Drugs in schedules II-V each have some medical uses, but less potential for abuse with each step down the scale.

In the letter to U.S. Attorney General Merrick Garland, Hilgers and the others argued the federal proposal is invalid because it did not follow the proper regulatory step of being approved by the right part of the Drug Enforcement Agency and also risked violating obligations under a major international treaty on narcotics.

Questions legal basis

The letter argues that the rescheduling has no legal basis and contradicts previous federal findings about marijuana. They asked that the DEA not issue a final rule reclassifying the drug.