DEA Says Marijuana Rescheduling Process Is Still Stalled...

The Drug Enforcement Administration (DEA) has again notified an agency
judge that the marijuana rescheduling process remains stalled under the
Trump administration.

It’s been six months since DEA Administrative Law Judge (ALJ) John
Mulrooney temporarily paused hearings on a proposal to move cannabis from
Schedule I to Schedule III of the Controlled Substances Act (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.

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

This comes 90 days after both parties sent the judge an identical update,
albeit when a different acting administrator was in charge.

DEA and the witnesses involved in the interlocutory appeal must provide
another update in 90 days. But for the time being, any action on the
proposed rule to reschedule marijuana is evidently contingent on DEA Acting
Administrator Robert Murphy.

Murphy’s appointment as acting administrator wasn’t widely publicized, but
he’s replaced Derek Maltz—who subscribes to the “gateway drug” theory for
marijuana— in the role as the Senate considers confirming President Donald
Trump’s pick to lead the agency, Terrance Cole.

Whereas Maltz, the former acting administrator, made his opposition to
cannabis reform known in numerous social media posts and TV interviews
before taking on the leadership role, Murphy’s position on the issue is
less clear—though it is notable that he did speak at an event hosted by
prohibitionist organization Smart Approaches to Marijuana in 2018.

A summary of the appearance from the group says he “addressed the
conference on the reality that black markets are thriving off of marijuana
originating in states that legalized the substance and took a moment to
remind everyone that medical and recreational marijuana is still illegal
under federal law.”

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.”

However, during an in-person hearing before the Senate Judiciary Committee
in April, he said examining the rescheduling proposal will be “one of my
first priorities” if he was confirmed for the role, saying it’s “time to
move forward” on the stalled process—but again without clarifying what end
result he would like to see.

Mulrooney, the agency judge, initially agreed to delay the proceedings
after several pro-rescheduling 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.

The DEA judge initially agreed to delay the proceedings after several
pro-rescheduling 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 were set to commence on January 21, but those were
cancelled when Mulrooney granted the appeal motion. He ordered DEA and the
witnesses to provide a joint status update within 90 days, which would be
this coming Sunday.

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.

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.


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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 joint update to the DEA judge on the marijuana rescheduling
process below:*

*Photo courtesy of Brian Shamblen.*

The post DEA Says Marijuana Rescheduling Process Is Still Stalled Six
Months Into Trump Administration appeared first on Marijuana Moment.