It has been clear the DEA is slow to change for cannabis…but have they done something shady?

It has been clear Anne Milgram, the head of the Drug Enforcement Agency (DEA), is no fan of cannabis and is not pleased with the push to reschedule. Now a lawsuit says DEA acting in bad faith over marijuana. David Heldreth, CEO of psychedelic research firm Panacea Plant Sciences, claims the DEA’s recent actions violate federal law and constitutional principles. Filed in filed in the U.S. District Court for Western Washington, names the Department of Justice, Attorney General Merrick Garland, DEA Administrator Anne Milgram and DEA Judge John J. Mulrooney II as defendants.  So what’s going on?

It is no secret, the current President isn’t a fan of cannabis and waited 3 years to fulfill his 2020 promise to help the industry. The timing allowed his administration to pass the decision to the next president. DEA head Milgram has been reluctant about the issue despite recommendation from Health and Human Services, the Food and Drug Administration, the American Medical Association and the American College of Physicians.  All of those agencies recommended the change due to clear research showing the medical benefits of cannabis, especially with cancer, chronic pain, PTSD, and inflammation. For the DEA not to follow goes against all precedent.

Heldreth’s alleges legal violations in the DEA’s rulemaking process. He contends the agency failed to consult Native American tribes despite ignificant impact rescheduling marijuana would have on tribal law enforcement and health services. Additionally, Heldreth challenges the constitutionality of the DEA’s Administrative Law Judges, arguing their appointment by the DEA administrator violates Article II of the U.S. Constitution.

Heldreth is the latest in complaints as a Veteran’s organization is claiming they have been blocked from the hearings, despite the Veteran’s administration working with the industry to figure out a pathway for veterans with PTSD.

Milgam has been obstructive to the late in term admisntration’s move, working to stop the process. After the announcement to reschedule, Anne Milgram made the unusual request of a “off the record/no notes meeting” to top deputies summoned in March for what she called the “Marijuana Meeting”. What followed with a request to the Department of Justice (DOJ) which would slow the process if not stop it. The DOJ pushed back on the request.

With millions of patients using medical marijuana, including veterans, plus thousands of mom and pop businesses, Milgram’s actions are murky.  Science has changed the direction and it seems the DEA is the only agency standing against the movement.

The Fresh Toast is a daily lifestyle platform with a side of cannabis. For more information, visit www.thefreshtoast.com.

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