A Drug Enforcement Administration (DEA) judge has advised the head of the agency that the ball is back in her court with respect to the Biden administration’s marijuana rescheduling proposal, providing notice of a request for leave to file appeal that he granted this week in the hearing proceedings.
In a letter sent to DEA Administrator Anne Milgram on Wednesday, Administrative Law Judge (ALJ) John Mulrooney explained how several pro-rescheduling parties had requested a leave to file an interlocutory appeal amid allegations that certain agency officials conspired with anti-rescheduling witnesses who were selected for the hearing.
Mulrooney ultimately granted the appeal motion, canceling scheduled hearings on the proposed cannabis rescheduling rule that had been set to begin on January 21.
As the judge explained in the letter to Milgram, the appeal came after he denied a motion that sought DEA’s removal from the rescheduling proceedings altogether, arguing that it is improperly designated as the chief “proponent” of the proposed rule given the allegations of ex parte communications with anti-rescheduling witnesses that “resulted in an irrevocable taint” to the process.
“Contrary to the request of the Interlocutory Appellants, no hearing has been conducted on these allegations, no evidence or testimony was
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