DEA’s Role in Marijuana Rescheduling Hearing Under Fire Over Alleged Illegal Collaboration with Prohibitionists
A legal filing has been submitted to a Drug Enforcement Administration (DEA) judge, requesting that the agency be removed from its role in an upcoming hearing on the Biden administration’s proposal to reschedule marijuana from Schedule I to Schedule III of the Controlled Substances Act (CSA). The filing cites alleged statutory violations, including “unlawful” communication with a prohibitionist group.
The DEA administrator did not sign the notice of proposed rulemaking, breaking with historical precedent on federal scheduling proceedings. Instead, it was signed by Attorney General Merrick Garland. The filing argues that this decision was a “backwards approach” to the rulemaking process, which violates federal statute.
The motion also alleges that the DEA’s selection of witnesses to participate in the December hearing was “alarming, undemocratic, and betrays notions of good governance.” The agency’s list of witnesses did not provide information on why certain individuals were approved or denied, and some qualified candidates who requested to participate in the hearing did not receive formal denials.
One of the witnesses selected by the DEA was Smart Approaches to Marijuana (SAM), a leading prohibitionist group. The filing includes screenshots of social media posts where SAM’s president, Kevin Sabet, indicated he had private conversations with DEA officials about the rescheduling effort. Sabet also posted about having “two confidential sources inside DEA and another outside DEA with intimate knowledge” about the agency’s decision not to sign the proposed rule.
The filing argues that these communications constitute “improper ex parte contacts” and requests that the DEA judge require disclosure of all such contacts. It also asks the judge to mandate that records of these communications be preserved.
The motion also requests that the DEA judge remove the agency from its role as the proponent of the proposed rule, citing the agency’s alleged failure to follow statutory rules and its improper selection of witnesses. The filing argues that the DEA’s actions demonstrate that it opposes the proposed transfer of marijuana to Schedule III and is therefore compromised.
A marijuana and psychedelics researcher has also filed a motion asking the DEA judge to postpone the rescheduling hearing due to the agency’s alleged “improper blocking” of witnesses. The researcher argues that the process should be halted at least until President-elect Donald Trump’s administration comes into power so it can review the rulemaking.
The Biden-Harris administration has faced criticism for the delay in the marijuana rescheduling effort, with some lawmakers expressing frustration with the bureaucratic process.
