Cannabis Rescheduling Delayed: DEA Judge Puts a Pin in Cannabis Reform
DEA Judge John Mulrooney II cancels upcoming cannabis rescheduling hearing, postponing cannabis reform.
Image | adobe.stock/H_Ko
The cannabis rescheduling hearing originally set for January 21, 2025, was cancelled by DEA Chief Administrative Law Judge John Mulrooney II in response to a motion submitted by Village Farms International Inc., Hemp for Victory, and OCO et al. The motivants had filed a motion to disqualify DEA from oversight of the rescheduling process in November, alleging bias on the part of DEA against rescheduling.
“The DEA has stated that they are a ‘proponent of the rule,’ which means they are ostensibly "in favor" of rescheduling marijuana from Schedule I to Schedule III. However, allegations of improper communication with Smart Approaches to Marijuana (SAM) led to an initial motion to remove the DEA from the rescheduling hearing,” explains Robert Head, Board Chair of Hemp for Victory to Cannabis Science and Technology in an email communication.
That motion was denied, but on January 6, 2025, the motivants subsequently filed a motion for reconsideration with new evidence (3). “Subsequent revelations about the DEA's communication with Tennessee, which then became a Designated Participant in the hearing, have added to the suspicion,” states Head. “Further complicating matters, when the DEA finally submitted their witness list and evidence in support of rescheduling cannabis from Schedule I to Schedule III, the documentation argued that marijuana had no medical value—a position at odds with the rescheduling rationale. This contradiction prompted a second motion.”
In his decision regarding the motion for reconsideration, Mulrooney denied the motion for reconsideration and wrote (1), “I am willing to certify that the allowance of this interlocutory appeal could potentially avoid exceptional delay, expense or prejudice to the DPs and the Government by injecting appellate certainty into the equation at this stage of proceedings. Were my analysis to be reviewed on appeal and determined to constitute prejudicial error, a remand would clearly result in significant delay and expense to the Designated Participants and the process. Accordingly, that aspect of the Movants’ Motion to Reconsider that seeks leave to file an interlocutory appeal is GRANTED, the hearing on the merits that was scheduled to commence on January 21, 2025 is CANCELLED, and proceedings in this matter are STAYED, pending a resolution of the interlocutory appeal to the DEA Administrator.”
According to Head, this means that the rescheduling hearings are stayed until “a new DEA Administrator could assess the issue and make an informed decision. Consequently, we are now on a 90-day pause.”
Additionally, Judge Mulrooney also stated (1), “It is further ORDERED that the Movants and the Government provide this tribunal with a joint status update ninety (90) days from the issuance of this order, and every ninety (90) days thereafter. Either the Movants or the Government may file the status update, but one party must file one.” In the docket, Mulrooney additionally expressed how (1,2), “This arguably disturbing and embarrassing revelation, even credited, still does not demonstrate an ‘irrevocable taint’ that will affect the ultimate outcome of the proceedings.”
The cancelling of the hearing has caused a bit of an uproar among cannabis supporters.
“The cancellation of the upcoming cannabis rescheduling hearings, attributed to procedural inconsistencies and alleged corruption within the DEA, comes as little surprise and further delays the process,” expressed Paula Savchenko, Esq., founder of Cannacore Group and PS Law Group, in a statement sent via email. “A critical concern now is how the incoming Trump administration will influence this matter, particularly since the President-elect has yet to name a replacement to lead the DEA. While Trump has expressed support in recent months for easing certain federal restrictions on cannabis, it has not appeared to be a priority during his political tenure. The pivotal factor moving forward will be his choice to helm the DEA and that individual's stance on cannabis policy,”
“Holding the DEA accountable for possible corruption is crucial, and documenting these issues is integral to that process,” says Head. “With the upcoming appointment of a new DEA Administrator by President Trump, this new official will review these motions, which outline the alleged corruption, to decide whether the Administrative Law Judge (ALJ) hearing should proceed as planned, continue without the DEA's involvement, or be entirely redone. While there might be other potential outcomes we haven't considered, this situation underscores the ongoing struggle for transparency and reform. We will continue to prepare for the hearing and raise awareness about the positive impact cannabis has had on the veteran community.”
References
- Drug Enforcement Administration. Order Regarding Village Farms International, Hemp For Victory, And Oco, Et Al.’S Motion To Reconsider https://www.dea.gov/sites/default/files/2025-01/Marijuana%20Rescheduling_Order%20Regarding%20Village%20Farms%20Interna%2C%20Hemp%20for%20Victory%20and%20OCO%20ET%20AL%27s%20Motion%20for%20Reconsider.pdf (accessed Jan 14, 2025).
- Herrington, A. J. Dea judge Cancels Marijuana Rescheduling hearing set for next week https://www.forbes.com/sites/ajherrington/2025/01/13/dea-judge-cancels-marijuana-rescheduling-hearing-set-for-next-week/ (accessed Jan 14, 2025).
- Village Farms International, Inc. Village Farms International and hemp for victory file request for reconsideration of prior motion to disqualify DEA from participation in rescheduling hearings https://www.globenewswire.com/news-release/2025/01/06/3005038/0/en/Village-Farms-International-and-Hemp-for-Victory-File-Request-for-Reconsideration-of-Prior-Motion-to-Disqualify-DEA-from-Participation-in-Rescheduling-Hearings.html (accessed Jan 14, 2025).
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