DEA Judge Overseeing Marijuana Rescheduling Retires, Leaving Fate Of Reform To Trump’s New Agency Head

The Drug Enforcement Administration (DEA) judge who’s overseen the ongoing
marijuana rescheduling process is retiring, saying that “all matters filed
in this case will be forwarded to” President Donald Trump’s newly
Senate-confirmed agency administrator “for whatever action, if any, he
deems appropriate,” as there is for now no judge to hear the issue.

Just one day after the Senate confirmed Terrance Cole as the new head of DEA,
Administrative Law Judge (ALJ) John Mulrooney notified witnesses in the
cannabis rescheduling proceedings that, effective August 1, “I will be
retired from the bench.”

“My retirement will leave the DEA with no Administrative Law Judge to hear
this matter or any of the Agency’s other pending administrative enforcement
cases,” Mulrooney said.

“The Controlled Substances Act requires that DEA administrative enforcement
hearing proceedings must be conducted in accordance with the Administrative
Procedure Act and presided over by an Administrative Law Judge. 21 U.S.C. §
824(c)(4); 5 U.S.C. § 556(b)(3),” he said. “Until there is a change in this
circumstance, all matters filed in this case will be forwarded to the DEA
Administrator, for whatever action, if any, he deems appropriate.”

“All previously-issued procedural orders remain in full force and effect
unless otherwise modified by a successor Administrative Law Judge, the DEA
Administrator, or the Attorney General. Naturally, I wish all the parties
the best in resolving this important issue in a fair, transparent, and
accurate manner, and extend my heartfelt gratitude to the parties and their
representatives for their sincere, diligent, and indefatigable advocacy.”

What this means is that, for the time being at least, the stalled-out
rescheduling case will be squarely within the purview of Cole, the newly
confirmed administrator of DEA.

Notably, while Cole has said that examining the rescheduling proposal would
be “one of my first priorities” if he was confirmed for the role, he has
refused to say what he wants the result to be and has in the past made
comments expressing concerns about the health effects of cannabis.

In May, a Senate committee advanced the nomination of Cole to become DEA
administrator amid the ongoing review of the marijuana rescheduling
proposal that he has so far refused to commit to enacting.

Cole—who has previously voiced concerns about the dangers of marijuana and
linked its use to higher suicide risk among youth—said in response to
senators’ written questions that he would “give the matter careful
consideration after consulting with appropriate personnel within the Drug
Enforcement Administration, familiarizing myself with the current status of
the regulatory process, and reviewing all relevant information.”

Meanwhile, earlier this month, DEA again notified Mulrooney that the marijuana
rescheduling process remains stalled under the Trump administration.

It’s been six months since Mulrooney temporarily paused hearings on a
proposal to move cannabis from Schedule I to Schedule III of the CSA that
was initiated under the Biden administration. And in a joint report to the
judge submitted on Monday, DEA attorneys and rescheduling proponents said
they’re still at an impasse.

The judge initially agreed to delay the rescheduling proceedings after
several pro-reform parties requested a leave to file an interlocutory
appeal amid allegations that certain DEA officials conspired with
anti-rescheduling witnesses who were selected for the hearing.

Originally, hearings on the proposed rescheduling rule were set to commence
on January 21, but those were cancelled when Mulrooney granted the appeal
motion.

The appeal came after the judge denied a motion that sought DEA’s removal
from the rescheduling proceedings altogether, arguing that it is improperly
designated as the chief “proponent” of the proposed rule given the
allegations of ex parte communications with anti-rescheduling witnesses
that “resulted in an irrevocable taint” to the process.

Meanwhile, the Justice Department told a federal court in January that it
should pause a lawsuit challenging DEA’s marijuana rescheduling process after
Mulrooney canceled the hearings.

Also in January, Mulrooney condemned DEA over its “unprecedented and
astonishing” defiance of a key directive related to evidence it is seeking
to use in the marijuana rescheduling proposal.

At issue was DEA’s insistence on digitally submitting tens of thousands of
public comments it received in response to the proposed rule to move
cannabis to Schedule III.

Mulrooney hasn’t been shy about calling out DEA over various procedural
missteps throughout this rescheduling process.

For example, in December he criticized the agency for making a critical
“blunder” in its effort to issue subpoenas to force Food and Drug
Administration (FDA) officials to testify in hearings—but he allowed the
agency to fix the error and ultimately granted the request.

Relatedly, a federal judge also dismissed a lawsuit seeking to compel DEA
to turn over its communications with the anti-cannabis organization.

Mulrooney had separately denied a cannabis research company’s request to
allow it to add a young medical marijuana patient and advocate as a witness
in the upcoming rescheduling hearing.

Also, one of the nation’s leading marijuana industry associations asked the
judge to clarify whether it will be afforded the opportunity to
cross-examine DEA during the upcoming hearings on the cannabis rescheduling
proposal.

Further, a coalition of health professionals that advocates for cannabis
reform recently asked that the DEA judge halt future marijuana rescheduling
hearings until a federal court is able to address a series of allegations
they’re raising about the agency’s witness selection process.

Separately, the House Appropriations Committee on Tuesday approved a
spending bill that contains provisions to block the Justice Department from
rescheduling marijuana.

The rescheduling proceedings have generated significant public interest.
While moving marijuana to Schedule III wouldn’t federally legalize it, the
reform would free up licensed cannabis businesses to take federal tax
deductions and remove certain research barriers.


*— Marijuana Moment is tracking hundreds of cannabis, psychedelics and drug
policy bills in state legislatures and Congress this year. Patreon
supporters pledging at least $25/month get access to our interactive maps,
charts and hearing calendar so they don’t miss any developments.*


*Learn more about our marijuana bill tracker and become a supporter on
Patreon to get access. —*

Meanwhile, two GOP senators introduced a bill in February that would
continue to block marijuana businesses from taking federal tax deductions
under Internal Revenue Service (IRS) code 280E—even if it’s ultimately
rescheduled.

Beyond the hearing delays, another complicating factor is the change in
leadership at DEA under the Trump administration.

U.S. Department of Health and Human Services (HHS) Secretary Robert F.
Kennedy Jr. was previously vocal about his support for legalizing cannabis,
as well as psychedelics therapy. But during his Senate confirmation process
in February, he said that he would defer to DEA on marijuana rescheduling in
his new role.

Separately, former Rep. Matt Gaetz (R-FL) was reportedly photographed
reviewing a document that appears to be a draft contract to provide
services—including “administration-related guidance”—to a firm affiliated
with the major marijuana company Trulieve. The visible portion of the
document describes a lucrative bonus if a certain “matter resolves,” with
an “additional ‘Super Success Fee’” for other “exclusive policy remedies.”

Last month, the former congressman reiterated his own support for
rescheduling cannabis—suggesting in an interview with a Florida Republican
lawmaker that the GOP could win more of the youth vote by embracing
marijuana reform.

Gaetz also said last month that Trump’s endorsement of a Schedule III
reclassification was essentially an attempt to shore up support among young
voters rather than a sincere reflection of his personal views about
cannabis.

A survey conducted by a GOP pollster affiliated with Trump that was
released in April found that a majority of Republicans back a variety of
cannabis reforms, including rescheduling. And, notably, they’re even more
supportive of allowing states to legalize marijuana without federal
interference compared to the average voter.

Meanwhile, Trump picked former Florida Attorney General Pam Bondi (R) to
run DOJ, and the Senate confirmed that choice. During her confirmation
hearings, Bondi declined to say how she planned to navigate key marijuana
policy issues. And as state attorney general, she opposed efforts to
legalize medical cannabis.

Amid the stalled marijuana rescheduling process that’s carried over from
the last presidential administration, congressional researchers recently
reiterated that lawmakers could enact the reform themselves with “greater
speed and flexibility” if they so choose, while potentially avoiding
judicial challenges.

Meanwhile, a newly formed coalition of professional athletes and
entertainers, led by retired boxer Mike Tyson, sent a letter to Trump on
Friday—thanking him for past clemency actions while emphasizing the
opportunity he has to best former President Joe Biden by rescheduling
marijuana, expanding pardons and freeing up banking services for licensed
cannabis businesses.

*Read the letter from the DEA judge to marijuana rescheduling witnesses
below: *

*Photo elements courtesy of rawpixel and Philip Steffan.*

The post DEA Judge Overseeing Marijuana Rescheduling Retires, Leaving Fate
Of Reform To Trump’s New Agency Head appeared first on Marijuana Moment.