Researcher Asks DEA Judge To Postpone Marijuana Rescheduling Hearing Until After Trump Takes Over

A marijuana and psychedelics researcher is asking a Drug Enforcement Administration (DEA) judge to postpone a hearing on the Biden administration’s cannabis rescheduling proposal over the agency’s alleged “improper blocking” of witnesses, while arguing that the process should be halted at least until President-elect Donald Trump’s administration comes into power so it can review the rulemaking.

About a week after Panacea Plant Sciences founder and CEO David Heldreth filed a lawsuit in federal court, requesting an order halting the cannabis rescheduling proceedings, he submitted a motion to the DEA judge on Monday seeking a stay of the upcoming December hearing.

The motion raises several of the same points included in the lawsuit that’s currently before the U.S. District Court for the Western District of Washington.

That includes alleged violations of a Clinton-era executive order requiring federal bodies to consult with tribal entities on rulemaking decisions that impact them, as well as the Regulatory Flexibility Act and Small Business Regulatory Enforcement Fairness Act. Heldreth also argued that his and Panacea’s exclusion from the hearing appears to be retaliatory, “as a punishment for challenging DEA rule-making and other legal activities.”

An initial hearing is currently scheduled for December 2, coming months after a public comment period closed. Panacea was among numerous organizations that requested to participate in the hearing, but it was not among the 25 witnesses selected by DEA Administrator Anne Milgram late last month.

In the new motion, Heldreth also referenced the outcome of this month’s election, which saw former President Donald Trump beat out Vice President Kamala Harris. He said that “with a new administration entering the presidency, the hearing process should be stayed pending the new administration’s review of the current rule-making.”

This isn’t the researcher’s first confrontation with DEA over its scheduling proceedings.

Panacea has separately worked to block DEA from moving forward with its proposed bans on various psychedelic compounds. In 2022, for example, the company was among those in the scientific community that pushed back against the agency’s plans to prohibit two psychedelic compounds that they said hold significant therapeutic potential.

An initial hearing on DEA’s proposed ban of two psychedelic compounds—2,5-dimethoxy-4-iodoamphetamine (DOI) and 2,5-dimethoxy-4-chloroamphetamine (DOC)—was temporarily stayed by an agency judge following a lawsuit. But that hearing has since resumed and is actively proceeding.

Prior to the hearing, a DEA administrative law judge (ALJ) also denied the agency’s request to block a series of witnesses from the psychedelics hearing, including Panacea.

“I look forward to my day in federal court to fight the DEA’s attempt to block my participation in the marijuana rule-making and DEA’s attempt to block tribal and small business involvement,” Heldreth told Marijuana Moment on Tuesday. “I expect the ALJ to rule in our favor and delay the rescheduling process until that day.”

While an initial hearing in the matter is still scheduled for next month, DEA Chief Administrative Law Judge (ALJ) John Mulrooney issued a preliminary order earlier this month signaling that the information provided by the agency on those set to testify was insufficient and requesting additional details and potential availability for a formal hearing in January or February 2025.

Mulrooney separately rejected a veterans group’s petition to participate in the upcoming rescheduling hearing, which the organization called a “travesty of justice” that excludes key voices that would be affected by the potential policy change.

The agency has already made clear that it feels additional information is needed on a number of topics related to the scientific review into marijuana that led to the reclassification recommendation. Some view the scheduling of the hearing as more evidence of DEA skepticism.

For what it’s worth, Harris said recently that part of the reason for the delay in the administration’s marijuana rescheduling effort is federal bureaucracy that “slows things down,” including at DEA.

In March, Harris also expressed some frustration with the bureaucratic process of rescheduling marijuana, prior to DOJ’s formal recommendation, calling on DEA to expediently finish the job.

While the Biden-Harris administration facilitated the review that led to the DOJ rescheduling proposal, Trump has also voiced support for the reform.

Read the motion requesting a stay of the DEA marijuana rescheduling hearing below:

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Photo courtesy of Brian Shamblen.