DEA Judge Cancels Marijuana Rescheduling Hearing Amid 'Disturbing' Allegations Of Improper Conduct

A federal judge delayed a pivotal hearing on the Biden administration's proposal to ease restrictions on marijuana, citing serious allegations of misconduct within the Drug Enforcement Administration (DEA).

On Monday afternoon, Administrative Law Judge John Mulrooney canceled the Jan. 21 hearing, extending the process for at least three months, according to Marijuana Moment, which first reported the story.

The hearing was set to evaluate the Department of Health and Human Services‘ (HHS) recommendation to reclassify marijuana under the Controlled Substances Act (CSA) from Schedule I, the strictest category, to Schedule III. This change could benefit the cannabis industry by allowing standard business tax deductions and improving access to banking services.

Mulrooney's decision followed a motion from cannabis policy reform advocates alleging improper communications between DEA officials and groups opposing the proposed rule. The motion also claimed that DEA administrator Anne Milgram had unfairly selected witnesses for the hearing. While Mulrooney denied a request to remove the DEA from the proceedings, he granted leave for an interlocutory appeal, halting the hearing.

Read Also: DEA Accused Of Bias In Cannabis Rescheduling Hearings: Weed Stocks Plummeted In 2024 As Process Drags On

Judge Flags ‘Disturbing And Embarrassing' Allegations

In his ruling, Mulrooney acknowledged allegations of improper conduct, describing them as "disturbing and embarrassing."

However, he concluded that even if true, the claims did not irreparably taint the rescheduling process. "I can no more remove or re-designate the Administrator than I can hold parties in contempt and fine them," Mulrooney said, per the outlet. "The strangeness of this unsupported approach is amplified by the fact that the appointment of a new DEA Administrator by a different political party is imminent."

The judge criticized DEA officials, stating their alleged conduct displayed "a puzzling and grotesque lack of understanding and poor judgment" in managing the rulemaking process.

DEA Reprimanded For Defying Evidence Submission Rules

Mulrooney also took issue with the DEA's failure to comply with his instructions regarding evidence submission. Despite being repeatedly directed to provide hard copies of evidence by Jan. 3, the agency attempted to submit thousands of public comments digitally via compact discs. Mulrooney rejected this move, calling it an "unprecedented and astonishing" act of defiance.

"The Government's deliberate disobedience of an unequivocal directive from the tribunal is unprecedented," Mulrooney said.  

The judge ordered updates on the appeal every 90 days, ensuring no further delays in the review process. This development marks another hurdle for federal cannabis reform, reflecting ongoing challenges in navigating the bureaucratic landscape coupled with the DEA’s now obvious inclination to disrupt the process.

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Photo: DEA Live stream