A Drug Enforcement Administration (DEA) judge is being asked to remove the agency from its role in an upcoming hearing on the Biden administration’s marijuana rescheduling proposal, with a new legal filing citing alleged statutory violations that include “unlawful” communication with a prohibitionist group.
When the Department of Justice formally proposed moving cannabis from Schedule I to Schedule III of the Controlled Substances Act (CSA)—consistent with a recommendation from the U.S. Department of Health and Human Services (HHS)—one aspect stood out: The DEA administrator didn’t sign the notice of proposed rulemaking, breaking with historical precedent on federal scheduling proceedings. Instead, it was signed by Attorney General Merrick Garland.
That was one of several factors that led to a motion being filed with DEA Administrative Law Judge (ALJ) John Mulrooney on Monday, seeking corrective action. It was submitted on behalf of Hemp for Victory and Village Farms International, which were both invited to participate in the rescheduling hearing that’s set to begin next month.
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Here’s the press release in full
Village Farms International and Hemp for Victory File Joint Motion to Disqualify DEA from Oversight of Proposed Marijuana Rescheduling Process
– Filing asserts that the DEA failed to maintain a complete record and ensure fairness and transparency –
– Filing also asserts DEA is compromised and should be barred from participation in these proceedings –
– Parties move that the Department of Justice replace the DEA as proponent of the Proposed Rule –
ORLANDO, Fla. and VANCOUVER, British Columbia, Nov. 19, 2024 (GLOBE NEWSWIRE) — Village Farms International, Inc. (“Village Farms” or the “Company”) (NASDAQ: VFF) and Hemp for Victory (collectively, “The Parties”), today announced that they have filed a joint motion which seeks the immediate disqualification and removal of the Drug Enforcement Administration (“DEA” or the “Agency”) from defending the Proposed Role to reschedule marijuana from a Schedule I to a Schedule III drug under the Controlled Substances Act (“CSA”).
The Parties also moved to replace the DEA with the Department of Justice (“DOJ”) as proponent of the Proposed Rule and order that the record include all requests for hearing and/or participation in these proceedings filed with the DEA; a record of the decisions made by the Administrator regarding why certain parties were designated as participants and others were not; and any ex parte communications between DEA and third parties. Finally, Village Farms and Hemp for Victory requested that Smart Approaches to Marijuana (“SAM”) and the DEA be ordered to preserve their records, as factual evidence demonstrates unlawful conduct which has further compromised the DEA’s participation in the proceedings.
Shane Pennington, partner at Porter Wright Morris & Arthur, LLP and counsel to Village Farms and Hemp for Victory commented, “It is our belief that the DEA cannot lawfully act as the proponent of the Proposed Rule and that its actions throughout the administrative process demonstrate that it opposes the proposed transfer of marijuana to Schedule III and is therefore compromised. Treating the DEA as the proponent of the Proposed Rule would violate APA and DEA regulations and render these proceedings a sham. Lawyers from the Department of Justice, not the Drug Enforcement Administration, must therefore defend this rule.”
Robert Head, retired Army infantryman and Board Chair of Hemp for Victory added, “A majority of American citizens continue to overwhelmingly support having better access to alternative medicines like cannabis in their pursuit of health and wellness. However, the wellbeing of military veterans in particular continues to be ignored despite significant evidence that cannabis is a beneficial tool that can help veterans manage the mental and physical challenges that have resulted from their service without dependency on opioids. This rescheduling process needs to pave the way for a healthier road ahead, a road that cannot continue to be blocked by the deep entrenchment of bureaucracy in our administrative processes.”
Michael DeGiglio, retired Navy captain and naval aviator and President and Chief Executive Officer of Village Farms concluded, “Our organization embraces the power of the cannabis plant as an alternative to Big Pharma and harmful, addicting drugs like opioids. However, we continue to face burdensome challenges in several of our regulatory jurisdictions that not only restrict us from advancing access to cannabis for millions of people, but have also created near-insurmountable institutional barriers to clinical research involving cannabis. We are proud to be one of the pro-cannabis participants selected to testify as a witness in the upcoming Rescheduling Hearing, but the filing of this joint motion reflects our desire for a more transparent process that ensures all credible voices are heard, including other applicants whose expertise has been overlooked or ignored.”
A complete copy of The Parties’ joint motion filed on November 18, 2024 is accessible in the FAQ section of Village Farms’ website at www.villagefarms.com/investors-faq.
About Hemp for Victory
Hemp for Victory is a non-profit dedicated to educating the public about why veterans are using cannabis over pills. Today, its Board of Directors has grown to almost half a dozen leaders with military, medical, and academic backgrounds. Hemp for Victory is on a mission to educate and bring awareness to the natural solution of cannabis as a way for veterans to manage mental and physical challenges as a result of their service. For more information, please visit www.hemp4victory.info.