A cannabis and psychedelics researcher has filed a lawsuit against the Drug Enforcement Administration (DEA), alleging that the agency has violated several laws in its scheduling of a hearing to consider a Biden administration proposal to reclassify cannabis under federal drug laws. The legal action seeks an order to pause the cannabis rescheduling process while the court considers the allegations against the DEA.
The DEA has scheduled an administrative hearing for December 2 to consider a Department of Justice plan to remove cannabis from Schedule I of the federal Controlled Substances Act (CSA), a category that includes the drugs heroin and LSD. Under the plan, cannabis would be moved to Schedule III, a less restrictive classification that includes drugs such as Tylenol with codeine and testosterone.
In a complaint filed last week in the U.S. District Court for the Western District of Washington state, David Heldreth, CEO and founder of Panacea Plant Sciences, asked the court to issue an injunction to postpone the December 2 hearing. Panacea was one of several organizations that sought to testify at the hearing, but the company was not included in a list of 25 organizations that would be invited to participate that was released by DEA Administrator Anne Milgram late last month.
The lawsuit cites four reasons for a pause in the cannabis rescheduling process, including the alleged violation of an executive order from former President Bill Clinton that requires federal agencies to consult with tribal governments about federal rulemaking that affects Native American communities. The legal action also alleges violations of the Regulatory Flexibility Act and Small Business Regulatory Enforcement Fairness Act.
Lawsuit Alleges DEA Retaliation
Heldreth’s complaint also alleges that excluding Panacea from the list of hearing witnesses is retaliatory, characterizing the action as “punishment for challenging DEA rule-making and other legal activities.” The allegation is related to Panacea’s effort to block the agency from prohibiting various psychedelic compounds under the CSA. In 2022, the company was one of several organizations in the scientific that protested the DEA’s proposed ban on two psychedelic compounds that may hold therapeutic potential.
Additionally, an administrative law judge recently denied a DEA request to exclude Panacea, other potential witnesses, and certain evidentiary exhibits from an upcoming hearing on a proposal to ban the psychedelics 2,5-dimethoxy-4-iodoamphetamine (DOI) and 2,5-dimethoxy-4-chloroamphetamine (DOC).
“The DEA administrator has shown in previous DEA hearings that she oversteps legal boundaries and is now continuing that by punishing Panacea Plant Sciences and myself for resisting the DEA’s attempts to ban psychedelics,” Heldreth told online cannabis news outlet Marijuana Moment last week. “Additionally, the DEA didn’t follow tribal consultation or small organization consultation regulations or laws. These violations require the rule to be withdrawn and redone correctly.”
“I think it’s perfect timing during Native American history month to be pushing a lawsuit to require the government to follow tribal consultation. Native American sovereignty must be upheld,” he added.
While the cannabis rescheduling hearing is still scheduled for December 2, DEA Chief Administrative Law Judge John Mulrooney ruled late last month that the information the agency provided on the proposed witnesses for the hearing was insufficient. He requested additional information on those included on the list of those who would testify at the hearing. Mulrooney also asked about the witnesses’ availability for another hearing in January or February, effectively delaying a decision on the rescheduling proposal at least until next year.
Helbreth’s lawsuit asks the court for an “injunction against defendants barring any further administrative proceedings or scheduling attempts on marijuana, and staying any hearings or deadlines in the administrative proceedings until this case is heard.”
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