Michigan Board of Pharmacy Sued Over Marijuana Schedule I Status

Earlier this week, longtime marijuana advocate John Sinclair, and others, including a physician, a pharmacist, a medical marijuana patient and the Michigan Medical Marijuana Association, sued the Michigan Board of Pharmacy (Michigan Board) seeking to declassify marijuana as a Schedule I controlled substance in Michigan.

The Michigan Board has the power to schedule, re-schedule or declassify scheduled controlled substances based on their relative harm, medical benefits and potential for abuse. Marijuana is currently listed as a Schedule I controlled substance by the Michigan Board and federally in the Controlled Substance Act.

According to the lawsuit, by passing the 2016 Medical Marihuana Facilities Licensing Act, which recognized the benefits of marijuana and removed the ‘prescription requirement’ that a harmful drug must be dispensed only by prescription, marijuana can no longer be classified as a harmful, controlled substance in Michigan. Thus, the plaintiffs believe this irreconcilable conflict renders marijuana’s listing as a controlled substance in Michigan void.

Mr. Sinclair and his attorneys held a press conference to discuss the lawsuit and issues. The link can be found here. Note around the 24th minute when they discuss Colorado’s legalization of marijuana.

Any change or reclassification in Michigan will not affect marijuana’s status as a Schedule I controlled substance federally.