DEA Says Marijuana Rescheduling Appeal Process Remains Stalled Under New Administrator Who Pledged To Prioritize The Issue

The Drug Enforcement Administration (DEA) says in a new filing that the
marijuana rescheduling process remains stalled at the stage it has been on
for months, despite the head of agency’s prior commitment to senators that
he would prioritize the issue if confirmed for the role.

President Donald Trump said in August that he intended to make a decision
on the proposal to move cannabis from Schedule I to Schedule III of the
Controlled Substances Act (CSA) within weeks. But more than two months
later, the administration has yet to move on the reform.

Amid the inaction, DEA and pro-reform witnesses in the rescheduling case
that was previously before an agency administrative law judge have again
submitted a joint status report saying there is mutual agreement that an
appeal of the proceedings remains pending.

“To date, Movants’ interlocutory appeal to the Administrator regarding
their Motion to Reconsider remains pending with the Administrator,” the
filing, submitted on Monday, says. “No briefing schedule has been set.”

This doesn’t constitute a new delay of rescheduling’s consideration, which
has been stalled out for months after legal challenges to the
administrative process were raised during prior proceedings. But it does
signal that there hasn’t been substantive movement between the parties with
respect to the interlocutory appeal.

This is the third joint status report, with largely identical language,
that the parties agreed to pursuant to the administrative court’s order.
But this is the first time that it was submitted with DEA Administrator
Terrance Cole in charge of the agency. Cole said during his confirmation
hearings that examining the rescheduling proposal would be “one of my first
priorities.”


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Separately, Trump’s nominee for White House drug czar, Sara Carter, told
members of the Judiciary Committee at a hearing last month that the
administration is keeping “all options” on the table as it continues to
consider the marijuana rescheduling proposal, while describing cannabis
reform as a “bipartisan issue.”

Three GOP senators discussed the impact of the administration potentially
rescheduling cannabis in interviews with Marijuana Moment last with, with
two of them describing the move as a “game changer.”

Meanwhile, one of Trump’s longtime advisors, Roger Stone, recently said
that his administration has an opportunity to move forward with marijuana
rescheduling—or, even broader legalization—in a way that Democrats who
regularly tout the reform failed to achieve when they controlled the White
House and Congress.

The comments came in response to the president’s social media post late
last month where he shared a video that touted the health benefits of
hemp-derived CBD, particular for seniors.

The Republican Senate sponsor of a bipartisan cannabis banking bill said
recently that Trump rescheduling marijuana would be an “important domino”
to advance his legislation.

Whether Trump ultimately decides to move forward with rescheduling remains
to be seen. Despite his endorsement of the policy change on the campaign
trail ahead of his election for a second term, he declined to restate that
support when asked about it during a briefing late last month—though he did
say a decision would come within weeks.

*Read the text of the latest joint status report on the marijuana
rescheduling process below:*

*Photo courtesy of Philip Steffan.*

The post DEA Says Marijuana Rescheduling Appeal Process Remains Stalled
Under New Administrator Who Pledged To Prioritize The Issue appeared first
on Marijuana Moment.