A marijuana and psychedelics researcher has filed a lawsuit in federal court alleging that the Drug Enforcement Administration (DEA) violated multiple laws in setting a hearing to further consider the Biden administration’s cannabis rescheduling proposal—and he’s asking for an order halting the proceedings until those issues are resolved.
In a complaint filed with the U.S. District Court for the Western District of Washington on Monday, Panacea Plant Sciences founder and CEO David Heldreth laid out several allegations against DEA that he says warrant judicial intervention in the agency’s plans to hold an administrative hearing on the Justice Department’s proposal to move cannabis from Schedule I to Schedule III of the Controlled Substances Act (CSA).
An initial hearing is currently scheduled for December 2, coming months after a public comment period closed. Panacea was among numerous organizations that requested to participate in the hearing, but it was not among the 25 witnesses selected by DEA Administrator Anne Milgram late last month.
Heldreth said in the court filing that the agency’s hearing should be stayed for four main reasons, including alleged violations of a Clinton-era executive order requiring federal bodies to consult with tribal entities on rulemaking decisions that impact them, as well as the Regulatory Flexibility Act and Small Business Regulatory Enforcement Fairness Act
Notably, he also argued that his and Panacea’s exclusion from the hearing appears to be retaliatory, calling it a “punishment for challenging DEA rule-making and other legal activities.”
That refers to Panacea’s separate efforts to block DEA from moving forward with its proposed ban on various psychedelic compounds. In 2022, for example, the company was among those in the scientific community that pushed back against the agency’s plans to prohibit two psychedelic compounds that they said hold significant therapeutic potential.
A DEA administrative judge also recently denied the agency’s request to block a series of witnesses from the psychedelics hearing, including Panacea, and evidentiary exhibits in a forthcoming hearing on its plans 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 Marijuana Moment on Friday. “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.
The legal complaint seeks 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.”
While an initial hearing in the matter is still scheduled for next month, DEA Chief Administrative Law Judge (ALJ) John Mulrooney issued a preliminary order last week signaling that the information provided by the agency on those set to testify was insufficient and requesting additional details and potential availability for a formal hearing in January or February 2025.
DEA has already made clear that it feels additional information is needed on a number of topics related to the scientific review into marijuana that led to the reclassification recommendation. Some view the scheduling of the hearing as more evidence of DEA skepticism.
For what it’s worth, Vice President Kamala Harris, who lost her bid for the presidency on Tuesday, said recently that part of the reason for the delay in the administration’s marijuana rescheduling effort is federal bureaucracy that “slows things down,” including at DEA.
In March, Harris also expressed some frustration with the bureaucratic process of rescheduling marijuana, prior to DOJ’s formal recommendation, calling on DEA to expediently finish the job.
While the Biden-Harris administration facilitated the review that led to the DOJ rescheduling proposal, former President Donald Trump, who won the election on Tuesday, has also voiced support for the reform. And in a historic first for the U.S. both he and Harris are aligned in their support for cannabis legalization at some level.
Read the federal court filing on DEA’s marijuana rescheduling process below:
Photo elements courtesy of rawpixel and Philip Steffan.
