Smart Approaches to Marijuana’s lawsuit challenging the federal government’s new Medicare-linked CBD program is moving on a new timetable, with a hearing originally set for April 20 rescheduled for May 1 after the group filed an amended complaint.
According to the federal court docket in Smart Approaches to Marijuana v. Kennedy, the amended complaint was filed at 4:32 p.m. Monday and added new plaintiffs, including Americans Against Legalizing Marijuana, the Drug Free America Foundation, and multiple MMJ BioPharma entities.
Later that same day, plaintiffs filed a new emergency motion for a preliminary injunction and stay, supported by a memorandum and eight exhibits. Unlike their earlier March 30 filing, the renewed motion no longer included a request for a temporary restraining order (a motion the judge already denied under the original filing).
Judge Trevor McFadden then issued a minute order stating that, in light of the amended complaint, the plaintiffs’ original emergency motion, the government’s motion to dismiss, and a related consent motion were all denied as moot. The court also made clear that the amended complaint is now the operative complaint in the case.
In a separate order issued later on April 13, the judge formally vacated the April 20 hearing and set a new schedule for the renewed injunction fight. Under that order, the federal government’s response is due by April 20, any reply is due by April 24, and the parties must appear for an in-person hearing on May 1 at 2 p.m. before Judge McFadden.
The docket also shows that on April 14 an additional attorney sought to join the case through a pro hac vice filing, indicating the litigation team is continuing to expand as the challenge moves into its next phase.
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