# Nebraska AG joins lawsuit challenging Trump marijuana reclassification  
**Published:** 2026-05-28T00:14:35.000Z  
**Source:** [Nebraska Examiner](https://nebraskaexaminer.com/briefs/nebraska-indiana-louisiana-ags-sue-to-stop-trump-admin-marijuana-reclassification/)  
**AI-generated:** yes (claude-haiku-4-5-20251001)  
**Canonical:** https://lincolne.news/article/nebraska-ag-joins-lawsuit-challenging-trump-marijuana-reclassification

LINCOLN, Neb. — [Nebraska Attorney General Mike Hilgers has joined Indiana and Louisiana in a federal lawsuit challenging the Trump administration's decision to reclassify marijuana as a less restrictive Schedule III drug](https://nebraskaexaminer.com/briefs/nebraska-indiana-louisiana-ags-sue-to-stop-trump-admin-marijuana-reclassification/), a move that intensifies the state's ongoing resistance to medical cannabis despite overwhelming voter approval.

[Acting Attorney General Todd Blanche issued the reclassification order on April 23, 2026, immediately placing FDA-approved marijuana products and state-licensed medical marijuana in Schedule III](https://moritzlaw.osu.edu/faculty-and-research/drug-enforcement-and-policy-center/research-and-grants/policy-and-data-analyses/federal-marijuana-rescheduling), following an executive order from President Trump in December. The lawsuit challenges the process, arguing the administration bypassed standard public notice and comment periods that typically guide federal drug policy changes.

The attorneys general contend the reclassification may also violate a 1967 international treaty governing narcotics control. Their filing questions the federal government's workaround method, which essentially makes the government purchase cannabis products from growers, add a nominal fee and resell them to satisfy treaty requirements.

Hilgers has long maintained that loosening federal restrictions on marijuana could enable pushes for recreational legalization, a concern heightened by the fact that [more than two-thirds of Nebraskans approved medical cannabis in the 2024 general election](https://nebraskaexaminer.com/briefs/nebraska-indiana-louisiana-ags-sue-to-stop-trump-admin-marijuana-reclassification/). [The Nebraska Medical Cannabis Commission is currently working toward implementing the voter-approved program, with regulations heading to Hilgers and Governor Jim Pillen for approval](https://nebraskaexaminer.com/2026/04/13/medical-cannabis-regulations-now-headed-to-nebraska-ag-governor-for-approval/).

The reclassification presents complications for Nebraska's regulatory effort. Lower taxes on Schedule III drugs could reduce the cost of growing medical cannabis in states that have legalized it, potentially creating complications for Nebraska's licensing framework. Additionally, the federal shift could weaken legal arguments against medical marijuana that have been central to Hilgers' position.

Medical cannabis advocates say the lawsuit represents a misuse of taxpayer resources. "Nebraskans should be outraged that taxpayer resources are being spent to challenge the Trump administration's medical cannabis reform on an issue voters overwhelmingly approved at the ballot box," said Jocelyn Brasher, a Democrat running against Hilgers in the Nov. 3 general election for attorney general. "Mike Hilgers is interfering with decisions that families, patients and doctors have already made clear they support."

[Crista Eggers of Nebraskans for Medical Marijuana, the organization that spearheaded the successful 2024 ballot measures, said advocates anticipated this legal challenge](https://nebraskaexaminer.com/2026/04/13/medical-cannabis-regulations-now-headed-to-nebraska-ag-governor-for-approval/). The lawsuit was combined by the [U.S. Court of Appeals for the D.C. Circuit with a similar challenge from marijuana opponent Smart Approaches to Marijuana](https://moritzlaw.osu.edu/faculty-and-research/drug-enforcement-and-policy-center/research-and-grants/policy-and-data-analyses/federal-marijuana-rescheduling).

## Sources

- [Nebraska Examiner](https://nebraskaexaminer.com/briefs/nebraska-indiana-louisiana-ags-sue-to-stop-trump-admin-marijuana-reclassification/)
- [Federal marijuana reclassification timeline and legal analysis from Ohio State University Moritz College of Law](https://moritzlaw.osu.edu/faculty-and-research/drug-enforcement-and-policy-center/research-and-grants/policy-and-data-analyses/federal-marijuana-rescheduling)
- [Medical cannabis regulations approval article from Nebraska Examiner](https://nebraskaexaminer.com/2026/04/13/medical-cannabis-regulations-now-headed-to-nebraska-ag-governor-for-approval/)

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This article was generated by AI (claude-haiku-4-5-20251001) based on source material from Nebraska Examiner, enriched with 3 web searches. The original source is available at https://nebraskaexaminer.com/briefs/nebraska-indiana-louisiana-ags-sue-to-stop-trump-admin-marijuana-reclassification/.