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The Drug Enforcement Administration (DEA) judge who\u2019s overseen the ongoing marijuana rescheduling process is retiring, saying that \u201call matters filed in this case will be forwarded to\u201d President Donald Trump\u2019s newly Senate-confirmed agency administrator \u201cfor whatever action, if any, he deems appropriate,\u201d as there is for now no judge to hear the issue.<\/p>\n
Just one day after the Senate confirmed Terrance Cole as the new head of DEA<\/a>, Administrative Law Judge (ALJ) John Mulrooney notified witnesses in the cannabis rescheduling proceedings that, effective August 1, \u201cI will be retired from the bench.\u201d<\/p>\n \u201cMy retirement will leave the DEA with no Administrative Law Judge to hear this matter or any of the Agency\u2019s other pending administrative enforcement cases,\u201d Mulrooney said.<\/p>\n \u201cThe 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. \u00a7 824(c)(4); 5 U.S.C. \u00a7 556(b)(3),\u201d he said. \u201cUntil 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.\u201d<\/p>\n \u201cAll 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.\u201d<\/p>\n 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.<\/p>\n Notably, while Cole has said that\u00a0examining the rescheduling proposal would be \u201cone of my first priorities\u201d<\/a>\u00a0if 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.<\/p>\n In May, a Senate committee\u00a0advanced the nomination of Cole to become DEA administrator<\/a>\u00a0amid the ongoing review of the\u00a0marijuana rescheduling proposal that he has so far refused to commit to enacting<\/a>.<\/p>\n Cole\u2014who has\u00a0previously voiced concerns about the dangers of marijuana<\/a>\u00a0and linked its use to higher suicide risk among youth\u2014said in response to senators\u2019 written questions that he would \u201cgive 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.\u201d<\/p>\n Meanwhile, earlier this month, DEA again notified Mulrooney that the marijuana rescheduling process remains stalled under the Trump administration<\/a>.<\/p>\n It\u2019s 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\u2019re still at an impasse.<\/p>\n The judge initially agreed to delay the rescheduling proceedings after several pro-reform parties requested a leave to file an interlocutory appeal amid\u00a0allegations that certain DEA officials conspired with anti-rescheduling witnesses<\/a>\u00a0who were selected for the hearing.<\/p>\n Originally, hearings on the proposed rescheduling rule were set to commence on January 21, but\u00a0those were cancelled when Mulrooney granted the appeal motion<\/a>.<\/p>\n The appeal came after the judge denied a motion that sought DEA\u2019s removal from the rescheduling proceedings altogether, arguing that it is improperly designated as the chief \u201cproponent\u201d of the proposed rule given the allegations of ex parte communications with anti-rescheduling witnesses that \u201cresulted in an irrevocable taint\u201d to the process.<\/p>\n Meanwhile, the Justice Department told a federal court in January that it should\u00a0pause a lawsuit challenging DEA\u2019s\u00a0marijuana rescheduling process<\/a>\u00a0after Mulrooney canceled the hearings.<\/p>\n Also in January, Mulrooney\u00a0condemned DEA over its \u201cunprecedented and astonishing\u201d defiance<\/a>\u00a0of a key directive related to evidence it is seeking to use in the marijuana rescheduling proposal.<\/p>\n At issue was DEA\u2019s insistence on digitally submitting tens of thousands of public comments it received in response to the proposed rule to move cannabis to Schedule III.<\/p>\n Mulrooney hasn\u2019t been shy about calling out DEA over various procedural missteps throughout this rescheduling process.<\/p>\n For example, in December he criticized the agency for making a\u00a0critical \u201cblunder\u201d in its effort to issue subpoenas<\/a>\u00a0to force Food and Drug Administration (FDA) officials to testify in hearings\u2014but he allowed the agency to fix the error and ultimately granted the request.<\/p>\n Relatedly, a federal judge also dismissed a\u00a0lawsuit seeking to compel DEA to turn over its communications<\/a>\u00a0with the anti-cannabis organization.<\/p>\n Mulrooney\u00a0had separately denied a cannabis research company\u2019s request<\/a>\u00a0to allow it to\u00a0add a young medical marijuana patient and advocate as a witness in the upcoming rescheduling hearing.<\/p>\n Also, one of the nation\u2019s leading marijuana industry associations asked the judge to clarify whether it will be\u00a0afforded the opportunity to cross-examine DEA during the upcoming hearings<\/a>\u00a0on the cannabis rescheduling proposal.<\/p>\n Further, a coalition of health professionals that advocates for cannabis reform recently asked that the\u00a0DEA judge halt future marijuana rescheduling hearings<\/a>\u00a0until a federal court is able to address a series of allegations they\u2019re raising about the agency\u2019s witness selection process.<\/p>\n Separately, the House Appropriations Committee on Tuesday approved a spending bill that contains provisions to\u00a0block the Justice Department from rescheduling marijuana<\/a>.<\/p>\n The rescheduling proceedings have generated significant public interest. While moving marijuana to Schedule III wouldn\u2019t federally legalize it, the reform would free up licensed cannabis businesses to take federal tax deductions and remove certain research barriers.<\/p>\n \u2014 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\u2014even if it\u2019s ultimately rescheduled<\/a>.<\/p>\n Beyond the hearing delays, another complicating factor is the change in leadership at DEA under the Trump administration.<\/p>\n 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\u00a0defer to DEA on marijuana rescheduling<\/a>\u00a0in his new role.<\/p>\n Separately, former Rep. Matt Gaetz (R-FL) was reportedly photographed reviewing a document that appears to be a draft contract to provide services\u2014including \u201cadministration-related guidance\u201d\u2014to a firm affiliated with the major marijuana company Trulieve<\/a>. The visible portion of the document describes a lucrative bonus if a certain \u201cmatter resolves,\u201d with an \u201cadditional \u2018Super Success Fee\u2019\u201d for other \u201cexclusive policy remedies.\u201d<\/p>\n Last month, the former congressman reiterated his own support for rescheduling cannabis\u2014suggesting in an interview with a Florida Republican lawmaker that\u00a0the GOP could win more of the youth vote by embracing marijuana reform<\/a>.<\/p>\n Gaetz also said last month that Trump\u2019s endorsement of a Schedule III reclassification was\u00a0essentially an attempt to shore up support among young voters<\/a>\u00a0rather than a sincere reflection of his personal views about cannabis.<\/p>\n A survey conducted by a GOP pollster affiliated with Trump that was released in April found that\u00a0a majority of Republicans back a variety of cannabis reforms<\/a>, including rescheduling. And, notably, they\u2019re even more supportive of allowing states to legalize marijuana without federal interference compared to the average voter.<\/p>\n Meanwhile, Trump picked former Florida Attorney General Pam Bondi (R) to run DOJ, and the Senate confirmed that choice. During her confirmation hearings, Bondi\u00a0declined to say how she planned to navigate key marijuana policy issues<\/a>. And as state attorney general, she opposed efforts to legalize medical cannabis.<\/p>\n Amid the stalled marijuana rescheduling process that\u2019s carried over from the last presidential administration, congressional researchers recently reiterated that\u00a0lawmakers could enact the reform themselves with \u201cgreater speed and flexibility\u201d<\/a>\u00a0if they so choose, while potentially avoiding judicial challenges.<\/p>\n Meanwhile, a newly formed coalition of professional athletes and entertainers, led by retired boxer Mike Tyson, sent a letter to Trump on Friday\u2014thanking him for past clemency actions while emphasizing the opportunity he has to best former President Joe Biden by\u00a0rescheduling marijuana, expanding pardons and freeing up banking services<\/a>\u00a0for licensed cannabis businesses.<\/p>\n Read the letter<\/a> from the DEA judge to marijuana rescheduling witnesses below:\u00a0<\/strong><\/p>\n\n Photo elements courtesy of rawpixel<\/a> and Philip Steffan<\/a>.<\/em><\/p>\n The post DEA Judge Overseeing Marijuana Rescheduling Retires, Leaving Fate Of Reform To Trump\u2019s New Agency Head<\/a> appeared first on Marijuana Moment<\/a>.<\/p>\n
The Drug Enforcement Administration (DEA) judge who\u2019s overseen the ongoing marijuana rescheduling process is retiring, saying that \u201call matters filed in this case will be forwarded to\u201d President Donald Trump\u2019s newly Senate-confirmed agency administrator \u201cfor whatever action, if any, he deems appropriate,\u201d as there is for now no judge toContinue Reading<\/a><\/span><\/p>\n","protected":false},"author":458,"featured_media":82378,"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\/82377"}],"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=82377"}],"version-history":[{"count":1,"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/posts\/82377\/revisions"}],"predecessor-version":[{"id":82379,"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/posts\/82377\/revisions\/82379"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/media\/82378"}],"wp:attachment":[{"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/media?parent=82377"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/categories?post=82377"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/tags?post=82377"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}
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\nRead More: DEA Judge Overseeing Marijuana Rescheduling Retires, Leaving Fate Of Reform To Trump\u2019s New Agency Head<\/a><\/p>\n","protected":false},"excerpt":{"rendered":"