The retirement of the DEA’s chief administrative law judge shifts the marijuana rescheduling case directly to recently sworn-in DEA Administrator Terrance Cole.
Judge John Mulrooney has officially stepped down, with his retirement official as of August 1. The retirement comes just days after Cole was sworn in as the new leader of the DEA. Mulrooney had been overseeing the rescheduling proceedings since they began earlier this year, but he paused the review in a previous order and has now vacated the role with no replacement in place.
In a formal notice, Mulrooney wrote that “all matters filed in this case will be forwarded to the DEA Administrator, for whatever action, if any, he deems appropriate.” He added that procedural orders currently in place will remain valid unless overruled by the DEA administrator, a future judge, or the Attorney General.
That leaves the responsibility for rescheduling decisions squarely in the hands of Cole, who pledged during his confirmation hearing that moving marijuana to a lower schedule would be “one of my top priorities.” Despite this pledge, Cole has not made any statement on rescheduling since taken office. ScottsMiracle-Gro CEO James Hagedorn said on Fox Business yesterday “I think he’s a career law enforcement guy, I’m not surprised by it. I don’t expect a law enforcement guy to lead with, ‘Hey let’s make pot legal,’ even though it’s legal in almost every state in the nation.”
Hagedorn added, who says Trump has personally told him he will reclassify cannabis, added “What he needs to hear is a call from the president or the chief of staff saying this is a promise he made during the campaign – promises made and promises kept.”
With the case now under Cole’s direct control, Mulrooney’s exit could potentially accelerate the DEA’s timeline for making a final determination on rescheduling.
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