New Evidence Shows DEA Opposes Marijuana Rescheduling the attorneys said the timing of the DEA’s declaration filing is further evidence that DEA opposes the policy change, noting that the agency was statutorily required to submit any relevant data on the proposed rule before HHS carried out its scientific review and the rulemaking process was formally initiated.
“By waiting until practically the eve of the hearing to submit its data, DEA has thwarted HHS’s review, sidestepped the notice-and-comment process, and deprived pro-rescheduling [designated participants, or DPs] of the fair and transparent hearing that the Administrative Procedure Act (APA) and due process require,” it says. “In so doing, DEA has violated the CSA, the APA, and its own regulations.”
The motion then alleges that there’s “additional damning evidence of ex parte and undisclosed communications has emerged,” with DEA failing to disclose nearly 100 requests to participate in the upcoming hearings, as well as “communication and coordination with at least one anti-rescheduling DP, the Tennessee Bureau of Investigation.”
https://www.marijuanamoment.net/new-evidence-shows-dea-opposes-marijuana-rescheduling-and-should-be-removed-from-hearings-cannabis-groups-say/