DEA Judge Pauses Cannabis Rescheduling Hearing As Opponents Highlight Government Report Detailing ‘Gaps’ In Federal Processes

It was bound to happen

Marijuana Moment

A Drug Enforcement Administration (DEA) judge is pausing proceedings in an ongoing hearing on the Trump administration’s marijuana rescheduling proposal and asking asking agency officials and other participants to weigh in after a federal watchdog issued a report finding that there are “gaps” in the government’s process for evaluating controlled substances.

DEA Chief Administrative Law Judge Derek Julius on Tuesday issued a stay in response to a motion from a drug testing industry association and other participants who want a recent Government Accountability Office (GAO) report on drug scheduling to be entered into the record for the hearing, which took testimony in June and July.

Until now, the only expected remaining step in the proceedings was for Julius to issue his own recommendation on marijuana rescheduling to the DEA administrator, who would then make a final determination on the policy.

But the judge granted the motion for a stay filed by the National Drug and Alcohol Association (NDASA), DUID Victim Voices and Kenneth Finn, M.D.—parties opposed to cannabis rescheduling that participated in the hearing and who now want the GAO report included as part of the record.

That report found, among other things that DEA “does not have any policies or procedures regarding how its staff are to conduct evaluations or schedule substances” and the Food and Drug Administration “does not have policies or procedures specifying how its staff are to conduct evaluations or develop scheduling recommendations for substances.”

Julius said he “finds merit in this argument that, if the record were to be extended to also include the GAO Report, a stay would be warranted to await briefing on it.”

“Likewise, while considering the merits of the instant Motion to add the GAO Report to the record and allow supplemental briefing, a stay is warranted for the same reasons,” his order on Tuesday said. “Accordingly, based on the nature [of] this Motion, it is ORDERED that this matter is STAYED pending the Motion’s resolution.”

The judge is ordering DEA to file a response of up to 20 pages in length on whether the hearing record should be reopened to include the GAO report by October 13.

https://www.marijuanamoment.net/dea-judge-pauses-marijuana-rescheduling-hearing-as-opponents-highlight-government-report-detailing-gaps-in-federal-processes/