US cannabis rescheduling has come under yet more controversy this week as the US Drug Enforcement Administration (DEA) has been accused of stacking participants with opponents of cannabis reform.
A 57-page motion was filed on November 18, calling for the DEA to be removed from the rulemaking process and be replaced by the Department of Justice.
The motion, filed by Porter Wright Morris & Arthur LLP’s Shane Pennington on behalf of Village Farms and nonprofit veterans group Hemp for Victory, claims that the DEA has effectively ‘stacked the deck’ against advocates of rescheduling.
It is the latest controversy to surround the landmark rescheduling project, which has now been delayed until 2025, and this week was accused of being unjust by the Veterans Action Council (VAC) after its application to be included was rejected.
According to Pennington, the now publicly available participant list, which could yet be subject to change, includes a number of prominent anti-cannabis groups like Smart Approaches to Marijuana (SAM), but excludes scientific experts and medical cannabis advocates.
Furthermore, the administration has failed to provide any information on how the participants were selected or why others were rejected, which he argues violates the Administrative Procedure Act (APA).
It goes on to accuse the DEA of working with SAM in order to undermine the process, citing a social media post from SAM’s CEO and prominent anti-cannabis voice Kevin Sabet, apparently revealing insider knowledge about the process.
The DEA now has until November 25 to respond to the motion, and Administrative Law Judge John J. Mulrooney has recognized the severity of these allegations, but said he lacks the authority to remove the DEA from the hearings.
