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Cannabis Rescheduling Hearing Delayed Amid Escalation of Tensions Between DEA and Other Witnesses

The highly anticipated hearings on cannabis rescheduling, set to begin next week, have now been cancelled in a major escalation of tensions between the Drug Enforcement Administration (DEA) and other witnesses.

DEA Chief Administrative Law Judge John Mulrooney yesterday ruled that the upcoming hearing would be cancelled indefinitely, making room for an appeal to remove the DEA from the process amid increasing allegations of bias.

Last week, Business of Cannabis reported that attorneys representing Village Farms and Hemp for Victory had submitted fresh evidence that suggests the DEA has actively worked against the proposed rule change by using outdated and legally rejected criteria to undermine cannabis’ medical and scientific value.

Amid further allegations that the DEA has conducted inappropriate communication with anti-cannabis groups and had refused to honour a number of Judge Mulrooney’s demands, the companies requested that Mulrooney allow them to file an appeal ‘to the Administrator’ should no action be taken.

While Mulrooney rejected calls to remove the DEA as the proponent of the rescheduling proposal, he strongly criticized the agency’s actions.

He described their handling of procedural rules as ‘puzzling and grotesque’ and highlighted their failure to comply with directives, including a refusal to submit hard copies of public comments as evidence.

The judge also acknowledged serious concerns about allegations that DEA officials collaborated with anti-rescheduling witnesses, describing the revelations as ‘disturbing and embarrassing.’

However, he stated that these issues, even if substantiated, would not justify removing DEA from the process due to statutory limitations on his authority.

As such, while the DEA has not been removed, Mulrooney granted calls for an appeal to take place because he believes it could help resolve key legal issues now, rather than later, to avoid even greater delays, costs, or unfairness in the cannabis rescheduling process.

Specifically, the judge acknowledged that the pro-reform participants raised serious concerns about how the DEA handled witness selection and communications, which could impact the fairness and outcome of the hearings.

Furthermore, Mulrooney acknowledged that the change in leadership of the DEA, due to the incoming administration, adds uncertainty to the rescheduling process, which could further impact the timeline and decision-making, as a new administrator may have a different approach to cannabis policy. This factor contributed to the decision to allow time for an appeal and avoid potentially wasting resources on proceedings that could be affected by the leadership change.

The hearings’ delay follows a series of procedural controversies, including DEA’s mishandling of subpoenas and its refusal to clarify its position on the rescheduling proposal. Additionally, excluded parties, including veterans’ organizations and cannabis researchers, have petitioned federal courts, arguing their exclusion undermines the fairness of the process.

Judge Mulrooney has ordered updates every 90 days on the status of the interlocutory appeal.

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