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Marijuana Rescheduling: Delays, Adverse Participants… It’s All Good

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Last Thursday, we learned that the DEA’s marijuana rescheduling hearings are delayed until early next year. We also saw the list of 25 participants invited by the DEA to testify at those hearings. The takeaways here are: a) we will not have a substantive hearing on marijuana rescheduling until a new President takes office, and b) most of the hearing participants “represent law enforcement and anti-marijuana lobbies” as stated by MJBizDaily. Many people online didn’t like this at all, but I’ll humbly submit that it’s closer to a nothingburger.

The sky is not falling; delays are normal (and expected)

Anyone who has been around litigation or other court proceedings knows that delays are typical. You don’t have to be an administrative law expert (I’m not) to appreciate that. In this respect, it is puzzling why some of the industry folks, including cannabis lawyers, were howling at last Thursday’s news. It’s like complaining about the color of the sky.

Administrative Law Judge (ALJ) John Mulrooney’s Preliminary Order (“Order”) strikes me as a typical housekeeping exercise. He notes that the DEA hasn’t clarified which of the rescheduling hearing’s 25 participants support rescheduling, and which don’t. The Order

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