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

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Case Summary

This case challenges 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. 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 complaint…

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 complaint raised three counts under the Administrative Procedure Act (APA)—that CMS (1) implemented the BEI without the notice-and-comment rulemaking required by the APA, (2) reversed its own April 2025 policy without reasoned explanation or consideration of adverse cannabis-related health outcomes, and (3) exceeded its statutory authority in violation of the Major Questions Doctrine. Plaintiffs sought declaratory relief, injunctive relief vacating the BEI program and enjoining Defendants from enforcing it, and attorneys’ fees.

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

On April 13, 2026, Plaintiffs filed an amended complaint that added new plaintiffs (including the pharmaceutical company MMJ), strengthened factual allegations about cannabis's health risks, and asserted a Fifth Amendment Due Process claim that CMS allowed hemp and cannabinoid industry companies input into the rulemaking process while excluding other companies entirely. That same day, Plaintiffs moved for a preliminary injunction and a stay of the BEI's effective date.

On April 20, 2026, Defendants moved to dismiss and opposed the preliminary injunction motion. Defendants argued that Plaintiffs lacked standing because none of them participated in the BEI, administered it, or faced any regulatory obligation from CMS — they merely objected to the policy, which under controlling case law does not confer standing. Defendants asserted that even if Plaintiffs had standing, their claims were barred because the Social Security Act's prohibition on administrative or judicial review of CMS Innovation Center models rendered the BEI unreviewable. On the merits, Defendants further contended that no reversal of CMS policy had occurred because the April 2025 rule addressed marijuana, an illegal substance, while the BEI addressed hemp, a legal substance.

On May 22, 2026, the court granted Defendants' motion to dismiss and denied as moot Plaintiffs' motion for a preliminary injunction. The court held that Plaintiffs lacked standing for four reasons: (1) the individual plaintiffs had not suffered a concrete or imminent injury and alleged only speculative harm; (2) the organizations' diversion of resources in response to the BEI was insufficient to establish injury, and their members could not sue in their own right; (3) MMJ could not establish competitor standing because it had no product on the Medicare-beneficiary market; and (4) Plaintiffs failed to establish a procedural right to notice-and-comment rulemaking under the APA.

On June 5, 2026, Plaintiffs filed a notice of appeal to the United States Court of Appeals for the D.C. Circuit (Case No. 26-5205).

This case remains ongoing.

Summary Authors

Vedant Vamshidhar (7/28/2026)

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)

Shapiro, Ilya (District of Columbia)

Attorney for Defendant

Attorney, Johnny Hillary

Yang, Xinyu (District of Columbia)

Judge(s)

McFadden, Trevor Neil (District of Columbia)

Attorney for Plaintiff

Mighell, Connor William (District of Columbia)

Shapiro, Ilya (District of Columbia)

Attorney for Defendant

Attorney, Johnny Hillary

Yang, Xinyu (District of Columbia)

Zorn, Matthew Charles (District of Columbia)

Attorney Contact Information via CourtListener

Documents in the Clearinghouse

Documents in this case

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
25 1:26-cv-01081	First Amended Complaint for Injunctive and Declaratory Relief Smart Approaches to Marijuana et al. v. Kennedy, Jr et al.	April 13, 2026	April 13, 2026 Complaint

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Docket

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

Last updated Aug. 30, 2026, 3:21 a.m.

Docket for: SMART APPROACHES TO MARIJUANA v. KENNEDY

ECF Number	Date	Description	Link
1	March 30, 2026	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	Clearinghouse
2	March 30, 2026	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)	RECAP
3	March 30, 2026	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)	RECAP
4	March 30, 2026	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)	RECAP
5	March 31, 2026	SUMMONS (4) Issued Electronically as to All Defendants. (Attachments: # 1 Notice and Consent)(znmw) (Entered: 03/31/2026)	RECAP
6	March 31, 2026	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)	RECAP
7	March 31, 2026	NOTICE of Appearance by Xinyu Yang on behalf of All Defendants (Yang, Xinyu) (Entered: 03/31/2026)	RECAP
8	March 31, 2026	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)	RECAP
9	March 31, 2026	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)	RECAP
10	March 31, 2026	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)	RECAP
11	March 31, 2026	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)	RECAP
12	March 31, 2026	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)	RECAP
13	March 31, 2026	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)	RECAP
14	March 31, 2026	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)	Clearinghouse
	March 31, 2026	Case Assigned/Reassigned
	March 31, 2026	Notice of Error- New Case
	March 31, 2026	.Order AND ~Util - Set/Reset Hearings
	March 31, 2026	Order on Motion for Leave to Appear by Telephone or Video
	March 31, 2026	Motion Hearing AND ~Util - Set/Reset Deadlines/Hearings
	March 31, 2026	ENTERED IN ERROR.....Case Assigned to Judge Amir H. Ali. (znmw) Modified on 3/31/2026 (znmw).
	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	Case Assigned to Judge Trevor N. McFadden. (znmw)
	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	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	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)
15	April 1, 2026	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)	RECAP
	April 1, 2026	Notice of Error
	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)
16	April 3, 2026	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)	RECAP
17	April 7, 2026	SUMMONS (2) Issued Electronically as to U.S. Attorney and U.S. Attorney General (mg) (Entered: 04/07/2026)	RECAP
18	April 8, 2026	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)	RECAP
19	April 9, 2026	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)	RECAP
20	April 9, 2026	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)	RECAP
21	April 9, 2026	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)	RECAP
22	April 9, 2026	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)	RECAP
23	April 9, 2026	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)	RECAP
	April 9, 2026	Order on Motion for Extension of Time to File Response/Reply
	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).
24	April 13, 2026	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)	RECAP
25	April 13, 2026	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	Clearinghouse
26	April 13, 2026	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)	RECAP
27	April 13, 2026	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)	RECAP
28	April 13, 2026	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)	RECAP
	April 13, 2026	.Order AND ~Util - Set/Reset Deadlines/Hearings
	April 13, 2026	Order on Motion to Dismiss
	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	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).
29	April 14, 2026	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)	RECAP
	April 14, 2026	Order on Motion for Leave to Appear Pro Hac Vice
	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).
30	April 20, 2026	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 RECAP 2 Exhibit Fishman Dec. View on PACER	RECAP
31	April 20, 2026	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)	RECAP
32	April 20, 2026	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)	RECAP
	April 21, 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	.Order AND ~Util - Set/Reset Deadlines
33	April 22, 2026	NOTICE of Appearance by Ilya Shapiro on behalf of All Plaintiffs (Shapiro, Ilya) (Entered: 04/22/2026)	RECAP
34	April 24, 2026	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)	RECAP
35	April 24, 2026	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	RECAP
	April 27, 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	Notice of Hearing
36	April 29, 2026	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)	RECAP
	May 1, 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	Motion Hearing
37	May 18, 2026	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)	RECAP
38	May 22, 2026	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)	RECAP
39	May 22, 2026	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)	RECAP
40	June 5, 2026	NOTICE OF APPEAL TO DC CIRCUIT COURT as to 39 Order on Motion to Dismiss, by CANNABIS INDUSTRY VICTIMS EDUCATING LITIGATORS, HILLSBOROUGH COUNTY ANTI-DRUG ALLIANCE, MMJ BIOPHARMA CULTIVATION, INC., MMJ BIOPHARMA LABS, INC., MMJ INTERNATIONAL HOLDINGS, INC., SMART APPROACHES TO MARIJUANA. Filing fee $ 605, receipt number ADCDC-12469884. Fee Status: Fee Paid. (Mighell, Connor) (Entered: 06/05/2026)	RECAP
41	June 8, 2026	Transmission of the Notice of Appeal, Order Appealed (Memorandum Opinion), and Docket Sheet to US Court of Appeals. The Court of Appeals fee was paid re 40 Notice of Appeal to DC Circuit Court,. (mg) (Entered: 06/08/2026)	RECAP
	June 8, 2026	USCA Case Number
	June 8, 2026	USCA Case Number 26-5205 for 40 Notice of Appeal to DC Circuit Court, filed by SMART APPROACHES TO MARIJUANA, MMJ BIOPHARMA CULTIVATION, INC., MMJ BIOPHARMA LABS, INC., CANNABIS INDUSTRY VICTIMS EDUCATING LITIGATORS, MMJ INTERNATIONAL HOLDINGS, INC., HILLSBOROUGH COUNTY ANTI-DRUG ALLIANCE. (mg)

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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

Health Care Access

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

Plaintiff Type(s):

Non-profit NON-religious organization

Private Plaintiff

Public (for-profit) corporation

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Federal

Department of Health and Human Services

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

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

Constitutional Clause(s):

Due Process: Procedural Due Process

Due Process: Substantive Due Process

Other Dockets:

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

U.S. Court of Appeals for the District of Columbia Circuit 26-5205

Available Documents:

Complaint (any)

Trial Court Docket

Outcome

Prevailing Party: Defendant

Relief Sought:

Attorneys fees

Declaratory judgment

Injunction

Stay of government action

Relief Granted:

None

Source of Relief:

None

Issues

Benefits (Source):

Medicaid

Medicare

Medical/Mental Health Care:

Medical care, general

Medication, administration of

Recommended Citation

Case Summary of Smart Approaches to Marijuana v. Kennedy, Civil Rights Litig. Clearinghouse, https://clearinghouse.net/case/48012/ (last updated 4/3/2026).