Just days after the Senate confirmed Terrance Cole as the new head of the Drug Enforcement Administration, DEA Administrative Law Judge John Mulrooney — the judge who was tasked with overseeing the stalled-out cannabis rescheduling process — told witnesses in the case that he is retiring “from the bench” on August 1, Marijuana Moment reports.
Judge Mulrooney said his departure “will leave the DEA with no Administrative Law Judge to hear this matter or any of the Agency’s other pending administrative enforcement cases.”
“The Controlled Substances Act requires that DEA administrative enforcement hearing proceedings must be conducted in accordance with the Administrative Procedure Act and presided over by an Administrative Law Judge. 21 U.S.C. § 824(c)(4); 5 U.S.C. § 556(b)(3). Until there is a change in this circumstance, all matters filed in this case will be forwarded to the DEA Administrator, for whatever action, if any, he deems appropriate.” — Mulrooney, in the report
Mulrooney noted that his previously issued orders “remain in full force and effect unless otherwise modified by a successor Administrative Law Judge, the DEA Administrator, or the Attorney General.”
Cole has not yet indicated whether he wants to allow the federal rescheduling process to move forward, although he said previously that the decision would be “one of my first priorities.”
The rescheduling process has been on pause since Mulrooney canceled a hearing in January for expert testimony in the case. The judge said previously that he would not reschedule the case until the agency’s new administrator had been installed.
“Naturally, I wish all the parties the best in resolving this important issue in a fair, transparent, and accurate manner, and extend my heartfelt gratitude to the parties and their representatives for their sincere, diligent, and indefatigable advocacy,” Mulrooney said.
The Department of Health and Human Services first issued the recommendation to move cannabis from Schedule I to Schedule III under federal law about two years ago, under the Biden Administration. Meanwhile, President Trump said last year on the campaign trail that he supported the move to reschedule, but in the six months since the start of his second term, the president has so far failed to take action or even comment on the issue.
The National Cannabis Industry Association, one of the parties advocating for rescheduling in the administrative law case, congratulated Cole on his confirmation to in an open letter this week, urging him to “fulfill President Trump’s campaign promise to ‘unlock the medical uses of marijuana to a Schedule III drug’ and ultimately ‘implement smart regulations, while providing access for adults, to safe, tested product.’”