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925 F.3d 109 *; 2019 U.S. App. LEXIS 16092 **
MARVIN WASHINGTON, DEAN BORTELL as Parent of Infant ALEXIS BORTELL, JOSE BELEN, SEBASTIEN COTTE as Parent of Infant JAGGER COTTE, and CANNABIS CULTURAL ASSOCIATION, Inc., Plaintiffs-Appellants, - v. - WILLIAM PELHAM BARR in his official capacity as United States Attorney General, UNITED STATES DEPARTMENT OF JUSTICE, UTTAM DHILLON in his official capacity as the Acting Administrator of the Drug Enforcement Administration, UNITED STATES DRUG ENFORCEMENT ADMINISTRATION, and UNITED STATES OF AMERICA, Defendants-Appellees,1
Prior History: Appeal from the judgment of the United States District Court for the Southern District of New York (Hellerstein, J.) dismissing, with prejudice, Plaintiffs' complaint for failure to exhaust administrative remedies and, in the alternative, failure to state a claim. Plaintiffs challenged the inclusion of marijuana on Schedule I of the federal Controlled Substances Act, 21 U.S.C. § 801 et seq. [**1] But Plaintiffs did not first pursue reclassification through the administrative process defined in the Act. Accordingly, their action is premature. We agree with the District Court's ruling that, since Plaintiffs failed to exhaust their administrative remedies, we should not hear their suit at this time. In view of the unusual circumstances of this case, however, we retain jurisdiction in this panel for the sole purpose of promoting speedy administrative review.
Washington v. Sessions, 2018 U.S. Dist. LEXIS 30586 (S.D.N.Y., Feb. 26, 2018)
exhaustion, marijuana, retain jurisdiction, administrative process, classification, Plaintiffs', cannabis, scheduling, courts, majority opinion, speed, exhaustion of administrative remedies, administrative agency, federal court, deschedule, abeyance, futile, administrative remedy, decisionmakers, allegations, proceedings, reschedule, emergency, dispatch, travel, drugs, medical marijuana, fail to act, circumstances, scientific
Civil Procedure, Defenses, Demurrers & Objections, Motions to Dismiss, Failure to State Claim, Responses, Motions to Dismiss, Administrative Law, Judicial Review, Reviewability, Exhaustion of Remedies, Governments, Legislation, Interpretation, Jurisdiction & Venue, Appeals, Appellate Jurisdiction