DOJ and petitioners seek February briefing deadline in rescheduling case

The U.S. Court of Appeals for the District of Columbia Circuit was asked on Oct. 9 to set written briefing through Feb. 19, 2027, in three consolidated petitions for review of a federal marijuana scheduling order. For Curaleaf Holdings, Inc. TSECURA OTCMKTSCURLF, which reported 164 U.S. dispensaries as of the first quarter of 2026, the proposed timetable would keep the petitions in written briefing through February 2027.

Curaleaf shares closed at C$13.31, down 1.41 per cent in Toronto at 4 p.m. EDT on Oct. 9, according to the TSECURA page on Google Finance. The joint filing gives its date but no submission time, so the close cannot establish a market reaction to the proposal.

The Oct. 9 joint response identifies Attorney General Order No. 6754-2026, published April 28, as transferring certain categories of marijuana from Schedule I to Schedule III under the Controlled Substances Act. The court consolidated three petitions for review by 11 petitioners under lead case No. 26-1106. The document requests a briefing calendar and does not resolve the merits.

The challengers propose filing a single opening brief by Nov. 24, 2026, and the Justice Department would answer by Jan. 13, 2027. Their reply would follow on Feb. 5, with final briefs proposed for Feb. 19. Outside supporters would have until Dec. 1, 2026, or Jan. 20, 2027, depending on which side they support. The dates are the parties' proposal, subject to the court adopting it. The joint appendix would follow on Feb. 12, before the final briefs.

Petitioners Seek Consolidated Opening and Reply Briefs

The parties' proposal brings together challenges from two states, a drug testing trade association, nonprofit groups, doctors and affiliated companies. Rather than file separate merits briefs, the petitioners ask to submit one opening brief and one reply. They also seek an opening brief of 15,000 words, above the normal 13,000, to address whether each challenger has legal standing. The government's response would receive the same 15,000-word limit, and the joint reply would be capped at 7,500 words.

The government does not oppose the petitioners' requested extra words, the filing says. The parties say they allowed more time for the government's answer because its briefing period runs through the Thanksgiving, Christmas and New Year's holidays, and because government counsel had planned travel. The joint response says it was filed in answer to the court's Sept. 9 order requesting a proposed schedule and format.

"Petitioners further request that the Court schedule oral argument as soon as reasonably practicable after the conclusion of briefing," the joint filing says.

The proposed calendar specifies neither an argument date nor a date for a ruling on the April order. It supplies no estimate of how a ruling would change Curaleaf's taxes or operations. Curaleaf's investor overview says the company operated in 15 U.S. states and had 15 cultivation sites as of the first quarter of 2026, but does not break out activity under the categories covered by the order.

For Curaleaf holders, the dated step in the court paper is Nov. 24, 2026, when the petitioners propose to file their opening brief. The D.C. Circuit must first adopt a schedule before that deadline governs the petitions for review.