DEA Denies Allegations Of Colluding With Anti-Marijuana Group While Involved In Cannabis Rescheduling Process

The Drug Enforcement Administration (DEA) has denied accusations of improper communication with cannabis prohibitionist group Smart Approaches to Marijuana (SAM) during the Biden administration's marijuana rescheduling process.

In a recent filing reported by Marijuana Moment, the agency dismissed these allegations as "gossip." While the DEA admitted to the communication, it argued they were no unlawful ex parte and that no harm was done and therefore, the motion by Village Farms International VFF and Hemp for Victory should be dismissed.

Allegations Of Misconduct

Part of the accusations stem from social media posts by SAM president and CEO Kevin Sabet.

In a post May 6, 2024 on X, Sabet admitted to having conversations with “two confidential sources inside DEA.” Sabet said these discussions provided inside information about the agency's stance on marijuana rescheduling, including a claim that DEA Administrator Anne Milgram would not approve a proposed rule.

This post was presented as evidence by cannabis advocacy groups to support their broader claim that the DEA holds a contradictory position, alleging the agency is acting as both judge and participant in the cannabis rescheduling process.

The post by Sabet admitting to the conversations with insider sources is still on X.

BIG: I can now say with full confidence that the Administrator of DEA, Anne Milgram, did NOT sign the rescheduling order, breaking with five decades of precedent and established law and regulations (two confidential sources inside DEA and another outside DEA with intimate…

— Kevin Sabet (@KevinSabet) May 6, 2024

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DEA's Defense

According to the DEA's filing, the cannabis organizations' evidence is not proof of misconduct. “Movants' own evidence fails to demonstrate that any unlawful ex parte communication took place," the agency said. A movant is any party that makes a motion in a case.

The DEA flatly rejected accusations of bias or impropriety, emphasizing that the submitted evidence amounts to little more than hearsay.

"The Movants would have this tribunal embark on a fishing expedition in search of evidence to support these sweeping, unsupported claims, which at best can be categorized as gossip, not ex parte communications," the DEA stated.

It also dismissed calls for the agency's removal from the rescheduling process, arguing that there is no legal precedent for such action.

"The only authority cited by the Movants on this point simply supports the notion that specific individuals may be removed from the proceeding under the appropriate circumstances," per the filing.

Additionally, the DEA pointed out that no misconduct has been alleged against its attorneys involved in the proceedings, further undermining the motion's validity.

As a consequence, the DEA requested the motion's dismissal. "The tribunal correctly questions the seriousness of the remedies sought by the Movants and as such, should deny the motion," the agency concluded.

Village Farms International is the only cannabis operator selected to represent the industry at the upcoming hearing on December 2.

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