Drug Enforcement Administration (DEA) judge has informed the agency’s leader that responsibility now rests with her regarding the Biden administration’s marijuana rescheduling proposal. This comes after he approved a request to file an appeal earlier this week, leading to the cancellation of scheduled hearings.
In a letter addressed to DEA Administrator Anne Milgram on Wednesday, Administrative Law Judge (ALJ) John Mulrooney detailed the circumstances surrounding the appeal. Pro-rescheduling groups had sought permission to file an interlocutory appeal, citing claims that certain DEA officials had allegedly collaborated with anti-rescheduling witnesses chosen for the proceedings.
Mulrooney granted the motion, effectively canceling hearings on the proposed marijuana rescheduling rule that were set to start on January 21. He noted in his letter that the appeal followed his earlier decision to reject a motion to remove the DEA entirely from the process. That motion argued the agency should not act as the primary “proponent” of the rule, given accusations of improper ex parte communications with witnesses opposing rescheduling. These alleged communications, according to the motion, “resulted in an irrevocable taint” to the proceedings.
In his letter, Mulrooney clarified, “Contrary to the request of the Interlocutory Appellants, no hearing has been conducted on these allegations, no evidence or testimony was received on the underlying factual allegations, and no facts have been found.”
Additionally, Mulrooney recommended that, beyond the government and appellants, all designated participants involved in the rescheduling hearings be included in any future briefing schedules. “It is my respectful recommendation that, in addition to the Government and the Interlocutory Appellants, all Designated Participants be included in any briefing schedule you issue and that all DPs on both sides of the notice of proposed rulemaking be afforded the opportunity to brief the issues,” he wrote.
