DEA Judge Rejects Veterans Group’s Petition To Participate In Marijuana Rescheduling Hearing

A Drug Enforcement Administration (DEA) judge has rejected a veterans group’s petition to participate in an upcoming hearing on the Biden administration’s marijuana rescheduling proposal, which the organization called a “travesty of justice” that excludes key voices that would be affected by the potential policy change.

The Veterans Action Council (VAC) was among numerous stakeholders that requested the opportunity to participate in the hearing that’s set to begin on December 2, following the Justice Department proposal to move cannabis from Schedule I to Schedule III of the Controlled Substances Act (CSA).

After it was reported that VAC was omitted from the list of 25 witnesses selected by DEA Administrator Anne Milgram, the group submitted a petition to Administrative Law Judge (ALJ) John Mulrooney last week, urging the agency’s judicial body to reconsider given the unique impact of rescheduling on the veterans community.

While DEA “devised a reasonably inclusive stakeholder assortment” of witnesses, VAC said it still “failed” to fulfill its mandate to allow testimony from interested parties. And the veterans organization said that’s evidenced by the fact that Mulrooney has since delayed the formal hearing proceedings until early 2025 because DEA provided insufficient information about their selected witnesses’ position on rescheduling or why they should be considered interested parties.

VAC’s position is that marijuana should be reclassified as a Schedule V substance, or descheduled altogether. Moving it to Schedule III is “clearly a step forward,” but it’s “inadequate to address veterans’ needs and continues to place unnecessary barriers to cannabis access within Veterans Affairs (VA) healthcare,” the coalition said.

“VAC respectfully requests that the DEA consider the extensive body of evidence and lived experiences of millions of Americans in its rescheduling decision,” it said in a press release, adding that the group “will continue to advocate for Veterans’ rights to access cannabis and remains dedicated to providing a voice for the Veteran community in ongoing cannabis policy discussions.”

The day after VAC submitted its petition, Mulrooney signed an order of denial, which was first reported by Law360. The ruling didn’t speak to the merits of the organization’s arguments; it simply said that because the administrator has already selected its witnesses, “no action can or will be taken on [VAC’s] request.”

However, Mulrooney suggested in the footnotes of the order that DEA’s decision to exclude the organization “may not be altogether settled,” leaving open the possibility of an appeal.

VCA Councilmember Etienne Fontan told Marijuana Moment on Monday that the group is “exploring the appeal option and consulting with counsel on that issue, since the judge recommended that in his footnotes.”

While an initial hearing on the marijuana rescheduling proposal will still take place on December 2, no testimony or evidence will be taken at the time.

DEA 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, Vice President Kamala Harris, who lost the presidential election this month to former President Donald Trump, has previously said 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.

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

Meanwhile, a marijuana and psychedelics researcher recently filed a lawsuit in federal court alleging that DEA violated multiple laws in setting a hearing to further consider the administration’s cannabis rescheduling proposal—and he’s asked for an order halting the proceedings until those issues are resolved.

Read the DEA ALJ’s response to the veterans group petition on the marijuana rescheduling hearing below: 

Photo courtesy of Philip Steffan.