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DEA Judge Cancels Marijuana Rescheduling Hearings Amid Legal Challenges, Pushing Back Reform For At Least Three Months

  • The DEA judge canceled the hearings on marijuana rescheduling that were set for late January due to legal challenges from pro-reform witnesses, delaying the process for at least three months.
  • Judge John Mulrooney criticized the DEA for procedural missteps and granted a request for an interlocutory appeal, which could prevent further delays in rulemaking.
  • The hearings were scheduled to address the proposal to move marijuana from Schedule I to Schedule III of the Controlled Substances Act, which would not legalize it federally but would allow federal tax deductions for cannabis businesses.
  • The Biden administration initiated the review of federal cannabis scheduling in late 2022, marking the first time such an effort was led by the White House.
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