The hearing that was set to begin January 21, in the matter of the Drug Enforcement Administration’s (DEA) proposed transfer of marijuana from Schedule I to Schedule III of the Controlled Substances Act, did not move ahead as planned. In a January 13 order, presiding Administrative Law Judge John Mulrooney canceled the hearing and has temporarily paused the proceedings altogether.

The background is that certain pro-rescheduling organizations had requested that Judge Mulrooney remove now-former DEA Administrator Anne Milgram from her role as the proponent of the proposed rescheduling rule during the hearings, alleging in part that DEA had engaged in improper communications with a rescheduling opponent and also questioning the agency’s rationale for selecting certain witnesses to participate in the hearing while excluding others.

In short, these organizations appear to believe former Administrator Milgram did not support the proposed rule and so should have been excluded, presumably to be replaced by a representative from the broader Department of Justice (DOJ).

Mulrooney denied their motion and a subsequent motion for him to reconsider, stating among other things that he does not have authority to do what they asked. However, he granted the moving parties’ request to appeal his decision back to the DEA itself. The Judge’s cancellation of the hearing followed, and proceedings appear to be paused for at least three months.

The ball is back in the DEA’s court. However, with President Trump having taken office and identified his choices for Attorney General and a new DEA Administrator, what happens next is uncertain.

Members can follow developments through our federal cannabis policy serial post.