DEA Judge Cancels Marijuana Rescheduling Hearing

DEA Judge Cancels Marijuana Rescheduling Hearing

A Drug Enforcement Administration (DEA) administrative law judge has cancelled a scheduled hearing regarding the potential reclassification of marijuana under federal law, extending the process by at least three months. The hearing, originally scheduled for January 21, was intended to evaluate a Department of Health and Human Services (HHS) proposal concerning marijuana’s classification under the Controlled Substances Act.

Allegations of Misconduct

The decision to cancel came amid serious allegations regarding DEA conduct. Plaintiffs claimed that agency officials engaged in improper communications with hearing participants. Judge John Mulrooney, while finding these allegations concerning, stated that even if proven true, they would not necessarily invalidate the process. He denied requests to remove the DEA from the proceedings entirely but allowed an interlocutory appeal.

Judge’s Critical Response

Judge Mulrooney described the situation as “disturbing and embarrassing,” expressing particular concern about judgment and actions at senior levels of the DEA. Despite his strong criticism, he clarified that his authority does not extend to reassigning the DEA Administrator or imposing direct penalties on the agency.

A significant point of contention emerged regarding procedural compliance. Prior to the hearing’s cancellation, Mulrooney had directed all parties to submit hard copies of evidence by January 3. The DEA instead attempted to introduce thousands of public comments in digital format on compact discs, directly contravening these instructions. Mulrooney rejected their request for an exception, describing this non-compliance as “unprecedented and astonishing.”

Future Implications

The judge also referenced the anticipated appointment of a new DEA Administrator, suggesting that any resolution may bring significant changes to the process. He established a reporting schedule requiring updates on the appeal every 90 days until resolution.

The cancellation of this hearing represents a significant delay in the federal administrative process regarding controlled substance scheduling. As the matter continues through established DEA procedures, further developments will depend largely on the appeal process and potential administrative changes within the agency.

Source

Forbes

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