As the DEA releases new details about the highly anticipated preliminary rescheduling hearing next week, efforts to remove the DEA as a ‘proponent’ of rescheduling have been dismissed by a judge. 

Furthermore, the US Department of Health and Human Services (HHS), which first recommended cannabis be rescheduled, setting the whole process in motion, has rejected an invitation to attend the hearing on December 02.

Next week’s hearing, as previously reported, will ‘serve as a procedural day to address legal and logistical issues’, following a delay to the full hearing which will include witness testimony from both sides and is now set to take place in early 2025.

While it is still expected to be a heated session and will be streamed live to the public, no concrete decisions will be made until early next year. The Decemeber 02 session will aim to establish a date when all the invited parties are able to attend.

As reported by Marijiuana Moment, efforts to remove the DEA as an official proponent’ of rescheduling have been denied by Administrative Law Judge (ALJ) John Mulrooney.

Last week, Business of Cannabis reported that 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 goes on to accuse the DEA of working with prominent anti-cannabis groups like Smart Approaches to Marijuana (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.

Judge Mulrooney has now denied the motion, citing statutory limitations, but took aim at the DEA’s and SAM’s responses to allegations of improper communication, characterizing them as ‘distasteful’ and ‘unhelpful’ to the public’s perception of transparency.

Meanwhile, the HHS has also dismissed an invitation to send witnesses to appear at the hearing, in what punits say shows the continued animosity between the two organizations.

According to The Dales Report, the HHS have ‘done all they needed to do’ and have provided all the facts necessary to come to a decision.

While its understood that the DEA could subpoena the HHS to appear, it’s unlikely this would happen.