{"id":75243,"date":"2024-05-13T04:09:11","date_gmt":"2024-05-13T12:09:11","guid":{"rendered":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/2024\/05\/13\/dea-judge-postpones-hearing-on-proposed-psychedelics-ban-amid-constitutional-challenge-to-scheduling-process\/"},"modified":"2024-05-13T12:45:54","modified_gmt":"2024-05-13T20:45:54","slug":"dea-judge-postpones-hearing-on-proposed-psychedelics-ban-amid-constitutional-challenge-to-scheduling-process","status":"publish","type":"post","link":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/2024\/05\/13\/dea-judge-postpones-hearing-on-proposed-psychedelics-ban-amid-constitutional-challenge-to-scheduling-process\/","title":{"rendered":"DEA Judge Postpones Hearing On Proposed Psychedelics Ban Amid Constitutional Challenge To Scheduling Process"},"content":{"rendered":"<\/p>\n

The Drug Enforcement Administration (DEA) has postponed an administrative hearing on its proposed ban of two psychedelic compounds<\/a> as the constitutionality of the scheduling process is being challenged in federal court.<\/p>\n

In a order that was released on Thursday, DEA Administrative Law Judge Paul Soeffing granted a motion to stay the June hearing that was scheduled so the agency could receive expert input on its controversial plans to classify 2,5-dimethoxy-4-iodoamphetamine (DOI) and 2,5-dimethoxy-4-chloroamphetamine (DOC) as Schedule I drugs<\/a>\u00a0under the Controlled Substances Act (CSA).<\/p>\n

Soeffing said that, because of \u201cthe ongoing constitutional examination of administrative proceedings by the federal courts,\u201d he considered the stay \u201cappropriate,\u201d cancelling the hearing.<\/p>\n

The action came about a week after Panacea Plant Sciences (PPS) filed a complaint and request for injunctive relief against DEA in the U.S. District Court for the Western District of Washington.<\/p>\n

PPS is contesting the administrative hearing process that\u2019s preceding final rulemaking, arguing that DEA\u2019s reliance on administrative law judges (ALJs) to settle such arbitration is unconstitutional based on U.S. Supreme Court precedent.<\/p>\n

\u201cWhile Panacea\u2019s likelihood of success on the merits is difficult to ascertain at this time, the potential that Panacea may face irreparable injury absent a stay of the present administrative proceedings weighs significantly in favor of granting Panacea\u2019s motion,\u201d Soeffing said.<\/p>\n

\u201cAlthough the public interest may lie in an expeditious and efficient resolution to these proceedings, the public interest also lies in ensuring parties are not potentially subjected to an adjudication process found unconstitutional,\u201d he said.<\/p>\n

The order stays the hearing until the federal court renders a decision in the legal challenge to the administrative process. In the interim, Panacea and the Justice Department are required to submit joint status reports every 60 days until the case is resolved.<\/p>\n

This is the latest development in a years-long dispute over DEA\u2019s efforts to schedule the psychedelics, which it first attempted to do in 2022, only to\u00a0withdraw the proposal amid pushback from the scientific community<\/a>. The agency separately\u00a0withdrew from a proposal to ban five different tryptamine psychedelics in 2022<\/a>.<\/p>\n

Last December, DEA announced that it would be trying to enact the DOC and DOI ban again. The agency\u2019s notice about the scheduling proposal still lacks evidence that directly connects the compounds to serious adverse health events or demonstrated a high abuse potential.<\/p>\n

\u201cTo date, there are no reports of distressing responses or death associated with DOI in medical literature,\u201d it says. \u201cThe physiological dependence liability of DOI and DOC in animals and humans is not reported in scientific and medical literature.\u201d<\/p>\n

DEA said that anecdotal reports posted by people online signaled that the substances have hallucinogenic effects, making it \u201creasonable to assume that DOI and DOC have substantial capability to be a hazard to the health of the user and to the safety of the community.\u201d<\/p>\n

It did point to one report of a death of a person who had used DOC in combination with two other unspecified drugs\u2014as well as two reports of hospitalizations that it said were attributable to the use of DOC with other drugs\u2014but scientists say that hardly constitutes reason enough to place them in the most strictly controlled schedule.<\/p>\n

In the background of this development, DEA has agreed with the U.S. Department of Health and Human Services (HHS) and is moving to reclassify marijuana as a Schedule III drug<\/a>.<\/p>\n

DEA Administrator Anne Milgram told lawmakers on Tuesday that it would be \u201cinappropriate\u201d for her to further comment on the agency\u2019s cannabis rescheduling determination<\/a> because the rulemaking process is \u201congoing.\u201d<\/p>\n

Also, in an interview with Fox News last week, former DEA Administrator Asa Hutchinson said it \u201cabsolutely looks like\u201d the agency will follow through<\/a> with moving marijuana from Schedule I to Schedule III.<\/p>\n

\u201cI think it reflects the reality of today\u2019s both culture but also the public sentiment. That\u2019s most significant,\u201d said Hutchinson, a Republican who also served as governor of Arkansas.<\/p>\n

Separately, the top Democrat in the U.S. House said last week that the Biden administration\u2019s move to reschedule marijuana is a \u201cstep in the right direction,\u201d but it should be\u00a0followed up with congressional action such as passing the legalization bill<\/a>\u00a0Senate Majority Leader Chuck Schumer (D-NY) filed.<\/p>\n

On the opposite side of the spectrum, a Republican senator said that marijuana is a \u201cgateway drug,\u201d and Democrats\u2019 moves to legalize it\u00a0reflect \u201cpro-criminal, anti-American policies\u201d that will \u201cstimulate more crime on American streets.\u201d<\/a>\u00a0He also argued that cannabis banking legislation \u201cfacilitates an entire infrastructure and an ecosystem for more drug usage in America.\u201d<\/p>\n

Read the DEA judge\u2019s order<\/a> in the psychedelics scheduling case below:<\/strong><\/p>\n

\n

\n

DEA Appears To Question Marijuana\u2019s Medical Value Despite Rescheduling Recommendation<\/a><\/p>\n<\/blockquote>\n

\n

Photo courtesy of Wikimedia<\/a>.<\/em><\/p>\n

The post DEA Judge Postpones Hearing On Proposed Psychedelics Ban Amid Constitutional Challenge To Scheduling Process<\/a> appeared first on Marijuana Moment<\/a>.<\/p>\n


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\nRead More: DEA Judge Postpones Hearing On Proposed Psychedelics Ban Amid Constitutional Challenge To Scheduling Process<\/a><\/p>\n","protected":false},"excerpt":{"rendered":"

The Drug Enforcement Administration (DEA) has postponed an administrative hearing on its proposed ban of two psychedelic compounds as the constitutionality of the scheduling process is being challenged in federal court. In a order that was released on Thursday, DEA Administrative Law Judge Paul Soeffing granted a motion to stayContinue Reading<\/a><\/span><\/p>\n","protected":false},"author":458,"featured_media":0,"comment_status":"false","ping_status":"open","sticky":false,"template":"","format":"standard","meta":[],"categories":[18,81],"tags":[],"_links":{"self":[{"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/posts\/75243"}],"collection":[{"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/users\/458"}],"replies":[{"embeddable":true,"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/comments?post=75243"}],"version-history":[{"count":1,"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/posts\/75243\/revisions"}],"predecessor-version":[{"id":75244,"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/posts\/75243\/revisions\/75244"}],"wp:attachment":[{"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/media?parent=75243"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/categories?post=75243"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/tags?post=75243"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}