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On November 18th, designated participants in support of rescheduling cannabis filed a motion to have the DEA disqualified from participating in the rescheduling process alleging that the DEA has been colluding with parties opposing rescheduling, specifically Smart Approaches to Marijuana, the party leading the opposition. The motion also complained that DEA’s failure to follow procedure by gathering facts ahead of the rulemaking process precluded the Department of Health and Human Services from considering such facts in their recommendation and, therefore, HHS’ opinion on these not-yet presented facts can never be made part of the record. The motion asked that DEA not be permitted to be the proponent of the proposed rule.
On November 20, just two days later, the Administrative Law Judge overseeing the hearing process issued a 4-page order that characterized the collusion claims as “serious” but the other claim as “unserious”.
