DEA CAUGHT BREAKING THE LAW, BUT REMAINS IN CONTROL OF RESCHEDULING CANNABIS

The DEA is staying in charge of the cannabis rescheduling process, despite breaking the rules (and the law) and undermining public trust. In a decision this week, DEA Administrative Law Judge John Mulrooney has denied a motion to remove the agency from its role in the case - even though he acknowledged evidence of misconduct, including illegal communications with anti-cannabis groups. Wtf?

This ruling keeps the DEA in a position of power, deciding the future of cannabis rescheduling, despite their history of bias and shady backroom tactics. This is a huge blow to fairness, transparency, and the hope for any real change.

The DEA’s Illegal Behavior Exposed

At the heart of this controversy is an accusation of unlawful ex parte communication between the DEA and Smart Approaches to Marijuana (SAM), a leading anti-cannabis group. If you want the whole backstory, I just made a long video about everything that happened here. Basically, SAM’s president, Kevin Sabet, publicly bragged on social media about having “confidential sources” within the DEA. He even claimed to know, a week in advance, that DEA Administrator Anne Milgram wouldn’t sign the rescheduling proposal - something he somehow turned out to be right about.

Turns out, he was correct in this weird assumption because he had direct contact with contacts inside the DEA before this decision was made - and that is illegal.

These kinds of private ‘ex parte’ communications are strictly prohibited during rulemaking processes. They’re designed to ensure fairness and transparency, preventing any one group from having an unfair advantage. But the DEA just flat out ignored these rules, working hand-in-hand with prohibitionists to undermine rescheduling.

And even though the DEA judge, didn’t really do anything, he was at least clear in his criticism. He described the allegations as “distasteful and arguably unhelpful to the public’s perception that the proceedings will be transparent.” He also took issue with the DEA’s response, saying their blanket denial of wrongdoing conveniently only covered their “counsel of record” while just ignoring whether other staff or advisors had engaged in these communications.

“The Government defended against an allegation that was never actually leveled,” Mulrooney wrote. In other words, the DEA dodged the real issue, offering a carefully worded denial that left more questions than answers.

DEA Caught Breaking MAJOR Legalization Laws

In this video, I go in depth about the initial legal filing that showed all of this evidence, and requested that the DEA be removed from this case.

SAM’s Defense Doesn’t Hold Water

SAM has long history of denying scientific data, spreading lies about cannabis, and trying to roll back legalization. 

SAM, for its part, argued that any communications with the DEA didn’t qualify as unlawful because they occurred before the formal rescheduling process began. But, like most everything you will hear from SAM, that was an obvious lie, and Judge Mulrooney wasn’t buying it.

“It would defy reason to suggest that Dr. Sabet and whoever in the DEA he may have spoken to were not aware that decisions in this matter were imminent,” Mulrooney wrote. He also called out SAM’s “misleading” arguments, which he said painted an “unreasonably restrictive view of the ethical obligations of a public servant.”

SAM claimed their communications didn’t involve the merits of the rescheduling proposal, so they couldn’t be considered ex parte. But as Mulrooney pointed out, the very secrecy of these communications makes it impossible to know what was discussed - an intentional design to shield the truth.

But despite pretty much just admitting that the DEA was in clear violation of the rules, and the law - the judge is still allowing to the DEA to stay at the head of the rescheduling process, and remain in control of what happens with the future of Fedreal cannabis laws. This will affect millions of Americans and thousands of medical patients, but the clearly corrupt DEA is still allowed to stay in charge.

But why would the judge do nothing at all, despite him admitting that the evidence shows the DEA broke the rules and the law? I have to wonder if it’s because he is a DEA judge, and has clear ties and bias towards the DEA.

Why Keeping the DEA in Charge Is a Disaster

This decision to keep the DEA in charge of the rescheduling process is a serious problem. The agency has proven time and time again that it can’t be trusted at all to act fairly or impartially.

First, the DEA has a long history of opposing cannabis reform, even as public support has grown and the scientific community has recognized its medical value. They’ve delayed and obstructed reform at every turn, and now we see they’re willing to break the law to maintain control.

Second, their collaboration with prohibitionist groups like SAM shows they’re absolutely not acting in good faith. SAM is notorious for spreading misinformation and outright lies about cannabis, and the DEA’s willingness to work with them behind the scenes further undermines their credibility and shows they are willing to push well known lies just to promote their anti-cannabis goals.

Mulrooney himself criticized the DEA for failing to investigate the allegations or even attempt to “ascertain the truth and disclose it to the public.” When an agency tasked with enforcing the law shows such blatant disregard for transparency and accountability, how can we trust them to oversee this process?

Public Confidence Is at Stake

Mulrooney’s decision to let the DEA stay in charge despite their misconduct sends a terrible message. It tells the public that federal agencies can break the rules without consequences, and it casts doubt on the fairness of the entire rescheduling process.

Even Mulrooney admitted that “the denial of the [motion] does not finish the job,” signaling that the issues raised by the allegations are far from resolved. But for now, the DEA remains in control, deciding the future of cannabis reform - despite their bias, their willingness to cheat, and their track record of obstruction and corruption.

What’s Next?

The hearing, delayed until early 2025, will take place under intense scrutiny. Rescheduling cannabis to Schedule III could bring significant changes, easing research restrictions and reducing tax burdens for cannabis businesses. But with the DEA at the helm, it’s hard to have faith that this process will be fair or transparent in any way.

This case highlights the urgent need for accountability in government agencies. The DEA has shown they can’t be trusted, and yet they remain in charge of a decision that will affect millions of people and tons of medical patients. If there’s one thing this ruling makes clear, it’s that reform advocates need to keep the pressure on - and not just for cannabis reform, but for a government that plays by the rules.

Let me know what you think on discord. Discord.gg/Strainshow