This was seeming more and more likely as the weeks into the new year continued. After Village Farms International and Hemp for Victory had asked for the DEA to be removed from the proponent side of the hearings after showing clear bias for the other side, the judge has granted a request for an appeal that cancels the January 21st hearing. While not canceling the entire proceedings, this puts at least a 3 month pause on the whole thing. By that point, we’ll be well within a Trump presidency and its future is completely uncertain.
Judge Mulrooney had some sharp words for the DEA for basically not following the rules set forth by the hearing. For one, it seems the DEA had a relationship with witnesses hired to be on the anti-rescheduling side which was supposed to be opposing the agency. However, the judge states there is nothing he can do to remove them from the event.
“I can no more remove or re-designate the Administrator than I can hold parties in contempt and fine them. The strangeness of this unsupported approach is amplified by the fact that the appointment of a new DEA Administrator by a different political party is imminent.”
In other example, it seems the DEA was told time and time again to hand over its evidence in paper form by January 3rd, and instead of doing just that, the department handed them over on a CD.
“Even among the numerous extraordinary and puzzling actions taken thus far by the Government during the course of this litigation, this disobedience of an unequivocal directive from the tribunal is unprecedented and astonishing,” says Mulrooney.
This could easily be a fatal blow for the prospect of rescheduling marijuana, considering Trump’s view towards the plant is, at best, leaving it up to the states. Whether that changes along with stronger popular opinion is still to be determined.
