Case: Smart Approaches to Marijuana v. Kennedy

1:26-cv-01081 | U.S. District Court for the District of District of Columbia

Filed Date: March 30, 2026

Case Ongoing

Clearinghouse coding complete

Case Summary

On March 30, 2026, multiple anti-drug organizations, the Illinois Family Institute, and a 78-year-old Medicare beneficiary filed suit in the U.S. District Court for the District of Columbia against federal health officials. The plaintiffs challenged the Centers for Medicare & Medicaid Services' (CMS) creation of the Substance Access Beneficiary Engagement Incentive (BEI) program on March 20, 2026, which distributed hemp-derived products containing delta-9 THC to Medicare beneficiaries. The comp…

On March 30, 2026, multiple anti-drug organizations, the Illinois Family Institute, and a 78-year-old Medicare beneficiary filed suit in the U.S. District Court for the District of Columbia against federal health officials. The plaintiffs challenged the Centers for Medicare & Medicaid Services' (CMS) creation of the Substance Access Beneficiary Engagement Incentive (BEI) program on March 20, 2026, which distributed hemp-derived products containing delta-9 THC to Medicare beneficiaries. The complaint alleged that CMS implemented this program without required notice-and-comment rulemaking, bypassed Federal Register publication, provided only eleven days' notice, and contradicted its own April 2025 rule declaring cannabis products ineligible for Medicare coverage. Plaintiffs also claimed the BEI's allowance of up to 3 mg of THC per serving violated the 2026 Agriculture Appropriations Act's limit of 0.4 mg per container. The lawsuit sought to vacate the BEI program and obtain injunctive relief under the Administrative Procedure Act.

This case was assigned to Judge Trevor N. McFadden. On March 31, 2026, Judge McFadden denied Plaintiffs' emergency motion for a temporary restraining order. The court wrote that Plaintiffs had not yet demonstrated likely success on the merits, irreparable harm, a balance of the equities in its favor, and accord with the public interest.

This case remains ongoing.

Summary Authors

Ben Hefter (4/3/2026)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/73116101/parties/smart-approaches-to-marijuana-v-kennedy/


Judge(s)

McFadden, Trevor Neil (District of Columbia)

Attorney for Plaintiff

Mighell, Connor William (District of Columbia)

Attorney for Defendant

Yang, Xinyu (District of Columbia)

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Documents in the Clearinghouse

Document
1

1:26-cv-01081

Complaint

Smart Approaches to Marijuana et al. v. Kennedy et al.

March 30, 2026

March 30, 2026

Complaint
14

1:26-cv-01081

Order

Smart Approaches to Marijuana et al. v. Kennedy, Jr. et al.

March 31, 2026

March 31, 2026

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/73116101/smart-approaches-to-marijuana-v-kennedy/

Last updated June 25, 2026, 3:22 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT for Injunctive and Declaratory Relief against All Defendants ( Filing fee $ 405 receipt number ADCDC-12329748) filed by All Plaintiffs. (Attachments: # 1 Exhibit Exhibit A, # 2 Summons Robert F. Kennedy, Jr., # 3 Summons H&HS, # 4 Summons Dr. Mehmet Oz, # 5 Summons Medicare & Medicaid, # 6 Civil Cover Sheet Civil Cover Sheet)(Mighell, Connor) Modified filer on 3/31/2026 (znmw). (Entered: 03/30/2026)

1 Exhibit Exhibit A

View on PACER

2 Summons Robert F. Kennedy, Jr.

View on PACER

3 Summons H&HS

View on PACER

4 Summons Dr. Mehmet Oz

View on PACER

5 Summons Medicare & Medicaid

View on PACER

6 Civil Cover Sheet Civil Cover Sheet

View on PACER

March 30, 2026

March 30, 2026

Clearinghouse
2

LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by CANNABIS IMPACT PREVENTION COALITION, LLC, CANNABIS INDUSTRY VICTIMS EDUCATING LITIGATORS, CANNABIS INDUSTRY VICTIMS SEEKING JUSTICE, SMART APPROACHES TO MARIJUANA (Mighell, Connor) (Entered: 03/30/2026)

March 30, 2026

March 30, 2026

3

Emergency MOTION for Temporary Restraining Order, MOTION for Preliminary Injunction, MOTION to Stay by SMART APPROACHES TO MARIJUANA. (Attachments: # 1 Text of Proposed Order)(Mighell, Connor) (Entered: 03/30/2026)

March 30, 2026

March 30, 2026

4

MEMORANDUM re 3 Emergency MOTION for Temporary Restraining Order MOTION for Preliminary Injunction MOTION to Stay by CANNABIS IMPACT PREVENTION COALITION, LLC, CANNABIS INDUSTRY VICTIMS EDUCATING LITIGATORS, CANNABIS INDUSTRY VICTIMS SEEKING JUSTICE, DRUG FREE AMERICA FOUNDATION, DRUG WATCH INTERNATIONAL, DAVID EVANS, HILLSBOROUGH COUNTY ANTI-DRUG ALLIANCE, ILLINOIS FAMILY INSTITUTE, NORTH CAROLINIANS AGAINST LEGALIZING MARIJUANA, SAVE OUR SOCIETY FROM DRUGS, SMART APPROACHES TO MARIJUANA. (Attachments: # 1 Exhibit Declaration of SAM, # 2 Exhibit Declaration of Evans, # 3 Exhibit Declaration of DFAF, # 4 Exhibit Declaration of SOS, # 5 Exhibit Declaration of DWI, # 6 Exhibit Declaration of HCADA, # 7 Exhibit Declaration of IFI)(Mighell, Connor) (Entered: 03/30/2026)

March 30, 2026

March 30, 2026

5

SUMMONS (4) Issued Electronically as to All Defendants. (Attachments: # 1 Notice and Consent)(znmw) (Entered: 03/31/2026)

March 31, 2026

March 31, 2026

6

STANDING ORDER Establishing Procedures for Cases Before Judge Trevor N. McFadden. The parties are hereby ORDERED to read and comply with the directives in the attached standing order. Signed by Judge Trevor N. McFadden on 3/31/2026. (lctnm1). (Entered: 03/31/2026)

March 31, 2026

March 31, 2026

7

NOTICE of Appearance by Xinyu Yang on behalf of All Defendants (Yang, Xinyu) (Entered: 03/31/2026)

March 31, 2026

March 31, 2026

8

ERRATA Complaint by CANNABIS IMPACT PREVENTION COALITION, LLC, CANNABIS INDUSTRY VICTIMS EDUCATING LITIGATORS, CANNABIS INDUSTRY VICTIMS SEEKING JUSTICE, DRUG FREE AMERICA FOUNDATION, DRUG WATCH INTERNATIONAL, DAVID EVANS, HILLSBOROUGH COUNTY ANTI-DRUG ALLIANCE, ILLINOIS FAMILY INSTITUTE, NORTH CAROLINIANS AGAINST LEGALIZING MARIJUANA, SAVE OUR SOCIETY FROM DRUGS, SMART APPROACHES TO MARIJUANA re 1 Complaint,. (Mighell, Connor) (Entered: 03/31/2026)

March 31, 2026

March 31, 2026

9

ERRATA Motion for TRO by CANNABIS IMPACT PREVENTION COALITION, LLC, CANNABIS INDUSTRY VICTIMS EDUCATING LITIGATORS, CANNABIS INDUSTRY VICTIMS SEEKING JUSTICE, DRUG FREE AMERICA FOUNDATION, DRUG WATCH INTERNATIONAL, DAVID EVANS, HILLSBOROUGH COUNTY ANTI-DRUG ALLIANCE, ILLINOIS FAMILY INSTITUTE, NORTH CAROLINIANS AGAINST LEGALIZING MARIJUANA, SAVE OUR SOCIETY FROM DRUGS, SMART APPROACHES TO MARIJUANA re 3 Motion for TRO, Motion for Preliminary Injunction, Motion to Stay. (Mighell, Connor) (Entered: 03/31/2026)

March 31, 2026

March 31, 2026

10

ERRATA Memo ISO Motion for TRO by CANNABIS IMPACT PREVENTION COALITION, LLC, CANNABIS INDUSTRY VICTIMS EDUCATING LITIGATORS, CANNABIS INDUSTRY VICTIMS SEEKING JUSTICE, DRUG FREE AMERICA FOUNDATION, DRUG WATCH INTERNATIONAL, DAVID EVANS, HILLSBOROUGH COUNTY ANTI-DRUG ALLIANCE, ILLINOIS FAMILY INSTITUTE, NORTH CAROLINIANS AGAINST LEGALIZING MARIJUANA, SAVE OUR SOCIETY FROM DRUGS, SMART APPROACHES TO MARIJUANA re 4 Memorandum,,,. (Mighell, Connor) (Entered: 03/31/2026)

March 31, 2026

March 31, 2026

11

ENTERED IN ERROR.....REQUEST FOR SUMMONS TO ISSUE filed by NORTH CAROLINIANS AGAINST LEGALIZING MARIJUANA, DRUG WATCH INTERNATIONAL, CANNABIS IMPACT PREVENTION COALITION, LLC, DRUG FREE AMERICA FOUNDATION, HILLSBOROUGH COUNTY ANTI-DRUG ALLIANCE, DAVID EVANS, CANNABIS INDUSTRY VICTIMS SEEKING JUSTICE, SMART APPROACHES TO MARIJUANA, SAVE OUR SOCIETY FROM DRUGS, ILLINOIS FAMILY INSTITUTE, CANNABIS INDUSTRY VICTIMS EDUCATING LITIGATORS. Related document: 1 Complaint, filed by SMART APPROACHES TO MARIJUANA. (Attachments: # 1 Summons)(Mighell, Connor) Modified on 4/1/2026 (mg). (Entered: 03/31/2026)

March 31, 2026

March 31, 2026

12

ERRATA Corporate Disclosure Statement by CANNABIS IMPACT PREVENTION COALITION, LLC, CANNABIS INDUSTRY VICTIMS EDUCATING LITIGATORS, CANNABIS INDUSTRY VICTIMS SEEKING JUSTICE, DRUG FREE AMERICA FOUNDATION, DRUG WATCH INTERNATIONAL, DAVID EVANS, HILLSBOROUGH COUNTY ANTI-DRUG ALLIANCE, ILLINOIS FAMILY INSTITUTE, NORTH CAROLINIANS AGAINST LEGALIZING MARIJUANA, SAVE OUR SOCIETY FROM DRUGS, SMART APPROACHES TO MARIJUANA re 2 LCvR 26.1 Certificate of Disclosure - Corporate Affiliations/Financial Interests,. (Mighell, Connor) (Entered: 03/31/2026)

March 31, 2026

March 31, 2026

RECAP
13

Emergency MOTION for Leave to Appear by Telephone or Video Unopposed by CANNABIS IMPACT PREVENTION COALITION, LLC, CANNABIS INDUSTRY VICTIMS EDUCATING LITIGATORS, CANNABIS INDUSTRY VICTIMS SEEKING JUSTICE, DRUG FREE AMERICA FOUNDATION, DRUG WATCH INTERNATIONAL, DAVID EVANS, HILLSBOROUGH COUNTY ANTI-DRUG ALLIANCE, ILLINOIS FAMILY INSTITUTE, NORTH CAROLINIANS AGAINST LEGALIZING MARIJUANA, SAVE OUR SOCIETY FROM DRUGS, SMART APPROACHES TO MARIJUANA. (Attachments: # 1 Text of Proposed Order)(Mighell, Connor) (Entered: 03/31/2026)

March 31, 2026

March 31, 2026

14

ORDER denying Plaintiffs' 3 Motion for Temporary Restraining Order, Motion for Preliminary Injunction, Motion to Stay as to the request for a temporary restraining order only. See attached Order for details. Signed by Judge Trevor N. McFadden on 3/31/2026. (lctnm1) (Entered: 03/31/2026)

March 31, 2026

March 31, 2026

Clearinghouse

Case Assigned/Reassigned

March 31, 2026

March 31, 2026

Notice of Error- New Case

March 31, 2026

March 31, 2026

.Order AND ~Util - Set/Reset Hearings

March 31, 2026

March 31, 2026

Order on Motion for Leave to Appear by Telephone or Video

March 31, 2026

March 31, 2026

Motion Hearing AND ~Util - Set/Reset Deadlines/Hearings

March 31, 2026

March 31, 2026

ENTERED IN ERROR.....Case Assigned to Judge Amir H. Ali. (znmw) Modified on 3/31/2026 (znmw).

March 31, 2026

March 31, 2026

NOTICE OF NEW CASE ERROR regarding 1 Complaint,, 3 Motion. The following error(s) need correction: Invalid signature. PACER login must match signature. Active attorney must sign all documents. Please file the signed documents using the event ERRATA. Missing summonses- U.S. government. When naming a U.S. government agent or agency as a defendant, you must supply a summons for each defendant & two additional summonses for the U.S. Attorney & U.S. Attorney General. Please submit using the event Request for Summons to Issue. COMPLIANCE DEADLINE is by close of business today. This case will not proceed any further until all errors are satisfied. (znmw) Modified to add error on 3/31/2026 (znmw).

March 31, 2026

March 31, 2026

Case Assigned to Judge Trevor N. McFadden. (znmw)

March 31, 2026

March 31, 2026

MINUTE ORDER. The Court is in receipt of 2 Motion for Temporary Restraining Order, Motion for Preliminary Injunction, Motion to Stay. The parties are ORDERED to appear for an in-person hearing on this Motion on March 31, 2026 at 2:30 p.m. in Courtroom 2 before Judge Trevor N. McFadden. SO ORDERED. Signed by Judge Trevor N. McFadden on 3/31/2026 (lctnm1).

March 31, 2026

March 31, 2026

MINUTE ORDER. The 13 Emergency Motion for Telephonic or Videoconference Appearance at Emergency Hearing is GRANTED. Plaintiffs' counsel may appear at today's Hearing telephonically. Dial-in information will be sent in advance. The Court notes, however, that Plaintiffs chose to sue in this Court, as is their right. Plaintiffs' counsel are thus admonished that they should be prepared to attend in-person hearings at this Court going forward. SO ORDERED. Signed by Judge Trevor N. McFadden on 3/31/2026 (lctnm1).

March 31, 2026

March 31, 2026

Minute Entry for proceedings held before Judge Trevor N. McFadden: Motion Hearing held on 3/31/2026 re 3 Emergency MOTION for Temporary Restraining Order MOTION for Preliminary Injunction MOTION to Stay filed by SMART APPROACHES TO MARIJUANA. Motion for Temporary Restraining Order, denied. Defendants' Opposition to the Preliminary Injunction due by 4/9/2026. Plaintiffs' Reply due by 4/13/2026. Preliminary Injunction Hearing set for 4/20/2026 at 10:00 AM in Courtroom 2- In Person before Judge Trevor N. McFadden. (Court Reporter: Jan Dickman.) (hmc)

March 31, 2026

March 31, 2026

15

REQUEST FOR SUMMONS TO ISSUE filed by NORTH CAROLINIANS AGAINST LEGALIZING MARIJUANA, DRUG WATCH INTERNATIONAL, CANNABIS IMPACT PREVENTION COALITION, LLC, DRUG FREE AMERICA FOUNDATION, HILLSBOROUGH COUNTY ANTI-DRUG ALLIANCE, DAVID EVANS, CANNABIS INDUSTRY VICTIMS SEEKING JUSTICE, SMART APPROACHES TO MARIJUANA, SAVE OUR SOCIETY FROM DRUGS, ILLINOIS FAMILY INSTITUTE, CANNABIS INDUSTRY VICTIMS EDUCATING LITIGATORS. Related document: 1 Complaint, filed by SMART APPROACHES TO MARIJUANA. (Attachments: # 1 Summons)(Mighell, Connor) (Entered: 04/01/2026)

April 1, 2026

April 1, 2026

Notice of Error

April 1, 2026

April 1, 2026

NOTICE OF ERROR regarding 11 Request for Summons to Issue,,. The following error(s) need correction: Document incomplete. Please refile to include attorney's name and address on summonses. (mg)

April 1, 2026

April 1, 2026

16

TRANSCRIPT OF PROCEEDINGS before Judge Trevor N. McFadden held on March 31, 2026; Page Numbers: 1-32. Date of Issuance:April 3, 2026. Court Reporter: Janice Dickman, Telephone number: 202-354-3267, Transcripts may be ordered by submitting the Transcript Order FormFor the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the court reporter referenced above. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter.NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at www.dcd.uscourts.gov. Redaction Request due 4/24/2026. Redacted Transcript Deadline set for 5/4/2026. Release of Transcript Restriction set for 7/2/2026.(Dickman, Janice) (Entered: 04/03/2026)

April 3, 2026

April 3, 2026

17

SUMMONS (2) Issued Electronically as to U.S. Attorney and U.S. Attorney General (mg) (Entered: 04/07/2026)

April 7, 2026

April 7, 2026

18

MOTION for Extension of Time to File Response/Reply and to Revise Existing Deadlines by CANNABIS IMPACT PREVENTION COALITION, LLC, CANNABIS INDUSTRY VICTIMS EDUCATING LITIGATORS, CANNABIS INDUSTRY VICTIMS SEEKING JUSTICE, DRUG FREE AMERICA FOUNDATION, DRUG WATCH INTERNATIONAL, DAVID EVANS, HILLSBOROUGH COUNTY ANTI-DRUG ALLIANCE, ILLINOIS FAMILY INSTITUTE, NORTH CAROLINIANS AGAINST LEGALIZING MARIJUANA, SAVE OUR SOCIETY FROM DRUGS, SMART APPROACHES TO MARIJUANA. (Attachments: # 1 Text of Proposed Order)(Mighell, Connor) (Entered: 04/08/2026)

April 8, 2026

April 8, 2026

19

Memorandum in opposition to re 18 MOTION for Extension of Time to File Response/Reply and to Revise Existing Deadlines filed by CENTERS FOR MEDICARE AND MEDICAID SERVICES, ROBERT F. KENNEDY, JR, MEHMET OZ, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Attachments: # 1 Exhibit Accumulated Press Releases, # 2 Exhibit MMJ Complaint)(Yang, Xinyu) (Entered: 04/09/2026)

April 9, 2026

April 9, 2026

20

NOTICE of Appearance by Matthew Charles Zorn on behalf of CENTERS FOR MEDICARE AND MEDICAID SERVICES, ROBERT F. KENNEDY, JR, MEHMET OZ, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES (Zorn, Matthew) (Entered: 04/09/2026)

April 9, 2026

April 9, 2026

21

MOTION to Dismiss and Opposition to Plaintiff's Motion for TRO, Preliminary Injunction, and Motion to Stay by CENTERS FOR MEDICARE AND MEDICAID SERVICES, ROBERT F. KENNEDY, JR, MEHMET OZ, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Attachments: # 1 Memorandum in Support Memo. In Opp'n to Plaintiff's TRO Motion, PI Motion, and Motion to Stay and In Support of Defendants' Motion to Dismiss, # 2 Exhibit Declaration of Eliot Fishman)(Yang, Xinyu) (Entered: 04/09/2026)

April 9, 2026

April 9, 2026

22

Memorandum in opposition to re 3 Emergency MOTION for Temporary Restraining Order MOTION for Preliminary Injunction MOTION to Stay (duplicate of docket entry 21) filed by CENTERS FOR MEDICARE AND MEDICAID SERVICES, ROBERT F. KENNEDY, JR, MEHMET OZ, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Attachments: # 1 Memorandum in Support Memo. In Opp'n to Plaintiff's TRO Motion, PI Motion, and Motion to Stay and In Support of Defendants' Motion to Dismiss, # 2 Exhibit Declaration of Eliot Fishman)(Yang, Xinyu) (Entered: 04/09/2026)

April 9, 2026

April 9, 2026

23

Consent MOTION Relief from Local Rule 7(n)(1) re 21 MOTION to Dismiss and Opposition to Plaintiff's Motion for TRO, Preliminary Injunction, and Motion to Stay by CENTERS FOR MEDICARE AND MEDICAID SERVICES, ROBERT F. KENNEDY, JR, MEHMET OZ, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Yang, Xinyu) (Entered: 04/10/2026)

April 9, 2026

April 9, 2026

Order on Motion for Extension of Time to File Response/Reply

April 9, 2026

April 9, 2026

MINUTE ORDER. The 18 Motion for Extension of Time to File Response/Response and to Revise Existing Deadlines is DENIED. If Plaintiffs wish to file an Amended Complaint, they may do so "as a matter of course" within "21 days" of having served it. Fed. R. Civ. P. 15(a). Should Plaintiffs do so, the Court will implement a new briefing schedule at that time. SO ORDERED. Signed by Judge Trevor N. McFadden on 4/9/2026 (lctnm1).

April 9, 2026

April 9, 2026

24

NOTICE OF WITHDRAWAL OF MOTION by CANNABIS IMPACT PREVENTION COALITION, LLC, CANNABIS INDUSTRY VICTIMS EDUCATING LITIGATORS, CANNABIS INDUSTRY VICTIMS SEEKING JUSTICE, DRUG FREE AMERICA FOUNDATION, DRUG WATCH INTERNATIONAL, DAVID EVANS, HILLSBOROUGH COUNTY ANTI-DRUG ALLIANCE, ILLINOIS FAMILY INSTITUTE, NORTH CAROLINIANS AGAINST LEGALIZING MARIJUANA, SAVE OUR SOCIETY FROM DRUGS, SMART APPROACHES TO MARIJUANA re 4 Memorandum,,, 3 Emergency MOTION for Temporary Restraining Order MOTION for Preliminary Injunction MOTION to Stay (Mighell, Connor) (Entered: 04/13/2026)

April 13, 2026

April 13, 2026

25

AMENDED COMPLAINT against All Defendants filed by DRUG WATCH INTERNATIONAL, CANNABIS IMPACT PREVENTION COALITION, LLC, ILLINOIS FAMILY INSTITUTE, DRUG FREE AMERICA FOUNDATION, HILLSBOROUGH COUNTY ANTI-DRUG ALLIANCE, DAVID EVANS, CANNABIS INDUSTRY VICTIMS SEEKING JUSTICE, CANNABIS INDUSTRY VICTIMS EDUCATING LITIGATORS, MMJ BIOPHARMA CULTIVATION, INC., MMJ BIOPHARMA LABS, INC., MMJ INTERNATIONAL HOLDINGS, INC., AMERICANS AGAINST LEGALIZING MARIJUANA, KENNETH FINN. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Mighell, Connor) (Entered: 04/13/2026)

1 Exhibit A

View on PACER

2 Exhibit B

View on PACER

April 13, 2026

April 13, 2026

26

LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by AMERICANS AGAINST LEGALIZING MARIJUANA, CANNABIS IMPACT PREVENTION COALITION, LLC, CANNABIS INDUSTRY VICTIMS SEEKING JUSTICE, DRUG FREE AMERICA FOUNDATION, DRUG WATCH INTERNATIONAL, HILLSBOROUGH COUNTY ANTI-DRUG ALLIANCE, ILLINOIS FAMILY INSTITUTE, MMJ BIOPHARMA CULTIVATION, INC., MMJ BIOPHARMA LABS, INC., MMJ INTERNATIONAL HOLDINGS, INC., SAVE OUR SOCIETY FROM DRUGS, SMART APPROACHES TO MARIJUANA (Mighell, Connor) (Entered: 04/13/2026)

April 13, 2026

April 13, 2026

27

Emergency MOTION for Preliminary Injunction, MOTION to Stay by AMERICANS AGAINST LEGALIZING MARIJUANA, CANNABIS IMPACT PREVENTION COALITION, LLC, CANNABIS INDUSTRY VICTIMS EDUCATING LITIGATORS, CANNABIS INDUSTRY VICTIMS SEEKING JUSTICE, DRUG FREE AMERICA FOUNDATION, DRUG WATCH INTERNATIONAL, DAVID EVANS, KENNETH FINN, HILLSBOROUGH COUNTY ANTI-DRUG ALLIANCE, ILLINOIS FAMILY INSTITUTE, MMJ BIOPHARMA CULTIVATION, INC., MMJ BIOPHARMA LABS, INC., MMJ INTERNATIONAL HOLDINGS, INC., NORTH CAROLINIANS AGAINST LEGALIZING MARIJUANA, SAVE OUR SOCIETY FROM DRUGS, SMART APPROACHES TO MARIJUANA. (Attachments: # 1 Text of Proposed Order)(Mighell, Connor) (Entered: 04/13/2026)

April 13, 2026

April 13, 2026

28

MEMORANDUM re 27 Emergency MOTION for Preliminary Injunction MOTION to Stay by AMERICANS AGAINST LEGALIZING MARIJUANA, CANNABIS IMPACT PREVENTION COALITION, LLC, CANNABIS INDUSTRY VICTIMS EDUCATING LITIGATORS, CANNABIS INDUSTRY VICTIMS SEEKING JUSTICE, DRUG FREE AMERICA FOUNDATION, DRUG WATCH INTERNATIONAL, DAVID EVANS, KENNETH FINN, HILLSBOROUGH COUNTY ANTI-DRUG ALLIANCE, ILLINOIS FAMILY INSTITUTE, MMJ BIOPHARMA CULTIVATION, INC., MMJ BIOPHARMA LABS, INC., MMJ INTERNATIONAL HOLDINGS, INC., NORTH CAROLINIANS AGAINST LEGALIZING MARIJUANA, SAVE OUR SOCIETY FROM DRUGS, SMART APPROACHES TO MARIJUANA. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H)(Mighell, Connor) (Entered: 04/13/2026)

April 13, 2026

April 13, 2026

.Order AND ~Util - Set/Reset Deadlines/Hearings

April 13, 2026

April 13, 2026

Order on Motion to Dismiss

April 13, 2026

April 13, 2026

MINUTE ORDER. In light of the 25 Amended Complaint, the 3 Emergency Motion for Temporary Restraining Order, Preliminary Injunction, Motion to Stay is DENIED AS MOOT; the 21 Motion to Dismiss is DENIED AS MOOT; and the 23 Consent Motion for Relief from Local Rule 7(n)(1) re 21 Motion to Dismiss is DENIED AS MOOT. The 25 Amended Complaint is now the operative complaint. It is further ORDERED that the hearing now scheduled for April 20, 2026, is VACATED. SO ORDERED. Signed by Judge Trevor N. McFadden on 4/13/2026 (lctnm1).

April 13, 2026

April 13, 2026

MINUTE ORDER. The Court is in receipt of 27 Motion for a Preliminary Injunction and imposes the following schedule. The Defendants' Response is due on or before April 20, 2026. Any Reply is due on or before April 24, 2026. The parties are ORDERED to appear for an in-person hearing on May 1, 2026, at 2:00 p.m. in Courtroom 2 before Judge Trevor N. McFadden. SO ORDERED. Signed by Judge Trevor N. McFadden on 4/13/2026 (lctnm1).

April 13, 2026

April 13, 2026

29

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Ilya Shapiro, Filing fee $ 100, receipt number ADCDC-12360385. Fee Status: Fee Paid. by AMERICANS AGAINST LEGALIZING MARIJUANA, CANNABIS IMPACT PREVENTION COALITION, LLC, CANNABIS INDUSTRY VICTIMS EDUCATING LITIGATORS, CANNABIS INDUSTRY VICTIMS SEEKING JUSTICE, DRUG FREE AMERICA FOUNDATION, DRUG WATCH INTERNATIONAL, DAVID EVANS, KENNETH FINN, HILLSBOROUGH COUNTY ANTI-DRUG ALLIANCE, ILLINOIS FAMILY INSTITUTE, MMJ BIOPHARMA CULTIVATION, INC., MMJ BIOPHARMA LABS, INC., MMJ INTERNATIONAL HOLDINGS, INC., NORTH CAROLINIANS AGAINST LEGALIZING MARIJUANA, SAVE OUR SOCIETY FROM DRUGS, SMART APPROACHES TO MARIJUANA. (Attachments: # 1 Declaration Ilya Shapiro, # 2 Exhibit Certificate of Good Standing, # 3 Text of Proposed Order)(Mighell, Connor) (Entered: 04/14/2026)

April 14, 2026

April 14, 2026

Order on Motion for Leave to Appear Pro Hac Vice

April 14, 2026

April 14, 2026

MINUTE ORDER granting 29 Motion for Leave to Appear Pro Hac Vice as to Ilya Shapiro. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCrR 44.5(a). Click here for instructions. SO ORDERED. Signed by Judge Trevor N. McFadden on 4/14/2026. (lctnm1).

April 14, 2026

April 14, 2026

30

MOTION to Dismiss and Opposition to Plaintiff's Motion for TRO, Preliminary Injunction, and Motion to Stay re 25 by CENTERS FOR MEDICARE AND MEDICAID SERVICES, ROBERT F. KENNEDY, JR, MEHMET OZ, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Attachments: # 1 Memorandum in Support Memo. In Opp'n to Plaintiff's TRO Motion, PI Motion, and Motion to Stay and In Support of Defendants' Motion to Dismiss, # 2 Exhibit Fishman Dec.)(Zorn, Matthew) (Entered: 04/20/2026)

1 Memorandum in Support Memo. In Opp'n to Plaintiff's TRO Motion, PI Mo

View on PACER

2 Exhibit Fishman Dec.

View on PACER

April 20, 2026

April 20, 2026

31

Memorandum in opposition to re 27 Emergency MOTION for Preliminary Injunction MOTION to Stay (duplicate of docket entry re 30) filed by CENTERS FOR MEDICARE AND MEDICAID SERVICES, ROBERT F. KENNEDY, JR, MEHMET OZ, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Attachments: # 1 Motion to Dismiss, # 2 Exhibit Ex. A-Fishman Dec.)(Zorn, Matthew) (Entered: 04/20/2026)

April 20, 2026

April 20, 2026

32

MOTION FROM LOCAL CIVIL RULE 7(n)(1) re 30 MOTION to Dismiss and Opposition to Plaintiff's Motion for TRO, Preliminary Injunction, and Motion to Stay re 25 by CENTERS FOR MEDICARE AND MEDICAID SERVICES, ROBERT F. KENNEDY, JR, MEHMET OZ, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Zorn, Matthew) (Entered: 04/20/2026)

April 20, 2026

April 20, 2026

MINUTE ORDER. In light of the 30 Motion to Dismiss, the Court clarifies its briefing schedule. Plaintiffs' combined Response to 30 Motion to Dismiss and its Reply in support of its 27 Motion for a Preliminary Injunction is due by April 24, 2026. Defendants' Reply in support of 30 Motion to Dismiss is due April 29, 2026. The in-person hearing set for May 1, 2026 at 2:00 p.m. remains as scheduled. SO ORDERED. Signed by Judge Trevor N. McFadden on 4/21/2026 (lctnm1).

April 21, 2026

April 21, 2026

.Order AND ~Util - Set/Reset Deadlines

April 21, 2026

April 21, 2026

33

NOTICE of Appearance by Ilya Shapiro on behalf of All Plaintiffs (Shapiro, Ilya) (Entered: 04/22/2026)

April 22, 2026

April 22, 2026

34

REPLY to opposition to motion re 27 Motion for Preliminary Injunction,,, Motion to Stay,, filed by AMERICANS AGAINST LEGALIZING MARIJUANA, CANNABIS IMPACT PREVENTION COALITION, LLC, CANNABIS INDUSTRY VICTIMS EDUCATING LITIGATORS, CANNABIS INDUSTRY VICTIMS SEEKING JUSTICE, DRUG FREE AMERICA FOUNDATION, DRUG WATCH INTERNATIONAL, DAVID EVANS, KENNETH FINN, HILLSBOROUGH COUNTY ANTI-DRUG ALLIANCE, ILLINOIS FAMILY INSTITUTE, MMJ BIOPHARMA CULTIVATION, INC., MMJ BIOPHARMA LABS, INC., MMJ INTERNATIONAL HOLDINGS, INC., NORTH CAROLINIANS AGAINST LEGALIZING MARIJUANA, SAVE OUR SOCIETY FROM DRUGS, SMART APPROACHES TO MARIJUANA. (Mighell, Connor) (Entered: 04/24/2026)

April 24, 2026

April 24, 2026

RECAP
35

RESPONSE re 30 MOTION to Dismiss and Opposition to Plaintiff's Motion for TRO, Preliminary Injunction, and Motion to Stay re 25 filed by AMERICANS AGAINST LEGALIZING MARIJUANA, CANNABIS IMPACT PREVENTION COALITION, LLC, CANNABIS INDUSTRY VICTIMS EDUCATING LITIGATORS, CANNABIS INDUSTRY VICTIMS SEEKING JUSTICE, DRUG FREE AMERICA FOUNDATION, DRUG WATCH INTERNATIONAL, DAVID EVANS, KENNETH FINN, HILLSBOROUGH COUNTY ANTI-DRUG ALLIANCE, ILLINOIS FAMILY INSTITUTE, MMJ BIOPHARMA CULTIVATION, INC., MMJ BIOPHARMA LABS, INC., MMJ INTERNATIONAL HOLDINGS, INC., NORTH CAROLINIANS AGAINST LEGALIZING MARIJUANA, SAVE OUR SOCIETY FROM DRUGS, SMART APPROACHES TO MARIJUANA. (Attachments: # 1 Text of Proposed Order)(Mighell, Connor) (Entered: 04/24/2026)

1 Text of Proposed Order

View on PACER

April 24, 2026

April 24, 2026

NOTICE of Rescheduled Hearing (time change): The Motion Hearing set for 5/1/2026 is rescheduled from 2:00 PM to 1:00 PM in Courtroom 2 before Judge Trevor N. McFadden. (hmc)

April 27, 2026

April 27, 2026

Notice of Hearing

April 27, 2026

April 27, 2026

36

REPLY to opposition to motion re 30 Motion to Dismiss, filed by CENTERS FOR MEDICARE AND MEDICAID SERVICES, ROBERT F. KENNEDY, JR, MEHMET OZ, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Zorn, Matthew) (Entered: 04/29/2026)

April 29, 2026

April 29, 2026

Minute Entry for proceedings held before Judge Trevor N. McFadden: Motion Hearing held on 5/1/2026 re 27 Emergency MOTION for Preliminary Injunction MOTION to Stay. Held under advisement. (Court Reporter: Lisa Edwards.) (hmc)

May 1, 2026

May 1, 2026

Motion Hearing

May 1, 2026

May 1, 2026

37

TRANSCRIPT OF PRELIMINARY INJUNCTION before Judge Trevor N. McFadden held on May 1, 2026; Page Numbers: 1-45. Date of Issuance: May 18, 2026. Court Reporter/Transcriber Lisa Edwards, Telephone number (202) 354-3269, Transcripts may be ordered by submitting the Transcript Order FormFor the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the court reporter referenced above. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter.NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at www.dcd.uscourts.gov. Redaction Request due 6/8/2026. Redacted Transcript Deadline set for 6/18/2026. Release of Transcript Restriction set for 8/16/2026.(Edwards, Lisa) (Entered: 05/18/2026)

May 18, 2026

May 18, 2026

38

MEMORANDUM OPINION granting the 30 Motion to Dismiss, and denying as moot Plaintiffs' 27 Emergency Motion for a Preliminary Injunction, Motion to Stay. See attached Opinion for details. Signed by Judge Trevor N. McFadden on 5/22/2026. (lctnm1). (Entered: 05/22/2026)

May 22, 2026

May 22, 2026

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ORDER. For the reasons stated in the 38 Memorandum Opinion, the 30 Motion to Dismiss is GRANTED and Plaintiffs' 27 Emergency Motion for a Preliminary Injunction, Motion to Stay is DENIED AS MOOT. See attached Order for details. Signed by Judge Trevor N. McFadden on 5/22/2026. (lctnm1). (Entered: 05/22/2026)

May 22, 2026

May 22, 2026

40

Notice of Appeal to DC Circuit

June 5, 2026

June 5, 2026

41

Transmission of Notice of Appeal and Docket Sheet to USCA

June 8, 2026

June 8, 2026

USCA Case Number

June 8, 2026

June 8, 2026

Case Details

State / Territory:

District of Columbia

Case Type(s):

Healthcare Access and Reproductive Issues

Special Collection(s):

Trump Administration 2.0: Challenges to the Government

Key Dates

Filing Date: March 30, 2026

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Anti-drug coalition including multiple anti-drug organizations, the Illinois Family Institute, and a 78-year-old Medicare beneficiary

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Case Details

Causes of Action:

Administrative Procedure Act, 5 U.S.C. §§ 551 et seq.

Other Dockets:

District of District of Columbia 1:26-cv-01081

Available Documents:

Complaint (any)

Trial Court Docket

Outcome

Prevailing Party: None Yet / None

Relief Sought:

Attorneys fees

Declaratory judgment

Injunction

Stay of government action

Relief Granted:

None yet

Source of Relief:

None yet

Issues

Benefits (Source):

Medicaid

Medicare

Medical/Mental Health Care:

Medical care, general

Medication, administration of

Recommended Citation