A day after the U.S. Senate confirmed Terrance Cole as the new head of the Drug Enforcement Administration (DEA), the agency’s lead administrative judge announced his retirement, effectively handing the stalled marijuana rescheduling case directly to Cole who has said it will be one of his top priorities.
Judge John Mulrooney, who has overseen the rescheduling proceedings since they were initiated earlier this year, notified the agency that he will officially step down on August 1. With no current replacement, Mulrooney’s departure leaves the DEA without an administrative law judge to preside over pending enforcement matters, including the rescheduling petition for marijuana. Mulrooney paused the DEA’s rescheduling review in an order issued earlier this year.
In a formal notice, Mulrooney explained that, “Until there is a change in this circumstance.. all matters filed in this case will be forwarded to the DEA Administrator, for whatever action, if any, he deems appropriate.” He also emphasized that existing procedural orders will remain valid unless overturned by a future judge, the DEA administrator, or the Attorney General.
With no one on the bench to oversee next steps, the responsibility now falls to Cole, who recently told the Senate Judiciary Committee that moving marijuana to a lower schedule will be “one of my top priorities” if confirmed.
The timing of Mulrooney’s retirement could accelerate the final stages of the rescheduling review, depending on how quickly Cole acts in his new role.
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