The DEA rescheduling hearing is denied on the witness list

Long awaited hearing for cannabis reprogramming was delayed after Chief Administrative Law Judge (ALJ) John Mulrooney issued a preliminary order Thursday finding fault in the Drug Enforcement Administration’s (DEA) witness list.

First reported by Marijuana momentMulrooney noted that the DEA sent a trained fool witness list agreed to speak at the Dec. 2 hearing. The order said the list provided by the DEA only includes approved individuals and organizations with one or two email addresses attached. The list did not come with addresses or phone numbers, nor did it specify whether the interested party would be affected or harmed by the proposed regulation change.

As it currently stands, although the Agency has set a hearing date for December 2, 2024, there is no way to discern from the present record which DPs (designated participant) support or oppose the NPRM (notice of proposed rulemaking). In order to effectively preside over this hearing, additional information must be provided immediately to the tribunal.

The December hearing will still take place; however, no testimony or evidence will be presented at the hearing. According to the order, the next date could be in January or February 2025.

The order included a letter from Anne Milgram of the DEA, listing her approved list of witnesses:

• Village Farms International (VFF), Porter Wright’s Shane Pennington
• National Cannabis Association (NCIA) Aaron Smith and Michelle Rutter Friberg
• American Academy of Hospice and Palliative Care Dr. Chad Kollas MD
• Cannabis Bioscience International Holdings, John Jones
• Hemp for Victory
• Cannabis Ombudsman for the State of Connecticut, Erin Kirk
• Massachusetts Cannabis Advisory Council, Ellen Brown
• Veterans Initiative 22, Shanetha Garulay
• Doc App, dba My Florida Green, Nicholas Garulay, Jason Castro
• The Commonwealth Project, Katy Green
• Saint Michael’s College, Dr. Ari Kirshenbaum
• National Drug and Alcohol Screening Association, Jo McGuire
• Smart Approaches to Marijuana by Patrick Philbin
• International Academy for the Science and Impact of Cannabis, Roneet Lev
• Cannabis Industry Victims Educating Litigants, David Evans Sr.
• Dr. Kenneth Finn
• National Transportation Safety Board, Jennifer Homendy
• Phillip Drum, Pharm D
• State of Nebraska Attorney General Mike Hilgers
• International Association of Chiefs of Police
• Drug Enforcement Association of Federal Narcotics Agents
• American College of Occupational and Environmental Medicine, Natalie Hartenbaum
• Community Anti-Drug Coalitions of America, Sue Thau
• Tennessee Bureau of Investigation
• National Sheriffs Association

Participants were told they had to provide additional information by Nov. 12, including names, addresses, phone numbers and the general mission of their practice or business.

Paul Armentano, deputy director for NORML, told Marijuana Moment that “there was always the possibility that this process could take longer than many anticipated or would like. The administrative process is cumbersome, and as we’ve seen historically, administrative challenges to Schedule I marijuana’s status take years to resolve. That said, unlike in the past, it is our political opponents who have the burden of arguing against the findings of both the HHS and the FDA – which have determined that cannabis does not meet the scientific criteria for either Schedule I or Schedule II. controlled substance.”

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