Marijuana Rescheduling Process Paused for 90 Days
The great federal saga continues. DEA’s marijuana rescheduling process has been put to a stop after a judge’s ruling, and following allegations that DEA is showing bias in the process. The halt comes days before Trump is sworn in as president, all while it remains unclear who will head the agency next.
DEA’s chief administrative law judge reportedly canceled hearings scheduled for Monday, Jan. 21, effectively stopping activities related to the ongoing marijuana rescheduled process. What prompted this ruling?
Judge John Mulrooney’s ruling arrived after a Jan. 6 request from two pro-rescheduling “designated participants” who alleged that the DEA agency and its outgoing administrator, Anne Milgram, have shown bias in the rescheduling process.
DEA Supposedly Argued Cannabis Has No Medicinal Value
The participants, Village Farm Internationals (a cannabis company from Florida that operates in Canada) and Victory (hemp company from Texas), requested that Judge Mulrooney allow them to file an appeal to the Administrator should Mulrooney is unwilling to take action.
Months before that, the motivants did file a motion to remove DEA from overseeing the rescheduling process, alleging bias on the part of DEA against rescheduling.
Judge Mulrooney decided to take action, however, issuing a ruling on Monday, Jan. 13, which included the cancellation of a hearing scheduled for next week.
Anne Milgram is sitting her last days as DEA Administrator, due to be replaced, although it’s still unknown by whom. Trump’s first choice was Chad Chronister, who has served as Hillsborough County sheriff in Florida since 2017. However, Chronister abruptly withdrew, and the president-elect is still expected to name a second nominee.
The motivants who filed the motion and who allege DEA of bias, claim that they have evidence which as of recently includes documentation submitted by the agency that argues cannabis does not have medicinal value. Which goes against the rationale of the rescheduling initiative, as well as claims by DEA representatives that the agency is in favor of moving marijuana from the Schedule I list to the Schedule III substances list.
For now, the rescheduling hearings will be delayed until a new DEA Administrator is selected, who will be able to assess the current situation. The pause is expected to take place for at least three months. In the meantime, the motivants’ allegations of bias are likely to be scrutinized.
Regarding what happens with marijuana under Trump, a lot of things will depend on who will chair the DEA. President Trump may have expressed his support for cannabis in the recent period, however, it is a fact that cannabis has not been a central issue throughout his political career. DEA’s leadership choice, as well as the person’s stance on cannabis, could prove more crucial toward what happens with marijuana federal reform.
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Stephen Andrews
