Protect the People’s Trust, or PPT, a nonprofit that advocates for government transparency, has filed a federal lawsuit under the Freedom of Information Act (FOIA) accusing the U.S. Department of Health and Human Services (HHS) of not releasing the requested rescheduling documents.
In November 2023, PPT submitted two FOIA requests to HHS regarding its cannabis regulation. The complaint states that HHS took the same approach by initially acknowledging the request and providing a status update that it was “In Process.” Then HHS is alleged to have failed to respond to the request or have any further communications 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.
The complaint states that HHS responded to the FOIA and provided a tracking number but then requested an extension to process it. In January 2024, PPT was told the request had been updated to an “In Process” status. The group says this was the last communication it received.
PPT issued a second FOIA request in November 2023, which followed a similar pattern. The HHS department acknowledged receipt of the request, asked for an extension and then placed the request in an “In Process” status. Once again, PPT says communication regarding the second request stalled.
The complaint states,
HHS is an agency subject to FOIA, and therefore has an obligation to release any nonexempt records and provide a lawful reason for withholding any materials in response to a proper FOIA request.
The group asks that the court order HHS to produce the documents within 10 days or on any other appropriate date. PPT also wants to be reimbursed for its legal fees.
The agencies overseeing the rescheduling process have been accused by many of slow-walking the process. Others claim that they are just following the proper procedures and that such a huge governmental change takes time to work its way through the system.
Adding still more fuel to the fire are accusations that the DEA was having improper conversations with anti-rescheduling groups. A lawsuit regarding these communications caused the judge in the case to pause the administrative hearings. On top of that, there are now new department heads as the Trump administration has begun its era. The new appointments look to have anti-cannabis views, but with most things surrounding the Trump administration, it is unclear whether that will affect the bureaucratic process.
PPT is described as a group of retired and former public servants with decades of experience in government. the group says it monitors and informs the American people about self-dealing, conflicts of interest and the improper and illegal behavior of senior officials across the government. The group has sued various governmental departments over document requests.
2289000-2289438-https-ecf-dcd-uscourts-gov-doc1-045111157579 [[{“value”:”The non-profit group is hoping to force the agency into delivering the requested rescheduling communication between the DOJ and the HHS.
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