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MARIJUANA MOMENT
DEA JUDGE POSTPONES HEARING ON PROPOSED PSYCHEDELICS BAN AMID CONSTITUTIONAL
CHALLENGE TO SCHEDULING PROCESS
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* DEA Judge Postpones Hearing On Proposed Psychedelics Ban Amid
Constitutional Challenge To Scheduling Process
* New Kansas Cannabis Coalition Pushing For Legalization Includes City
Council Members And Former Federal Prosecutor
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Across $6 Billion Mark For Recreational Purchases
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Have Given Americans ‘More Freedoms’
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* Newsletter
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May 13, 2024)
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* White House & Congress on cannabis rescheduling (Newsletter: May 9, 2024)
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POLITICS
DEA JUDGE POSTPONES HEARING ON PROPOSED PSYCHEDELICS BAN AMID CONSTITUTIONAL
CHALLENGE TO SCHEDULING PROCESS
Published
3 seconds ago
on
May 13, 2024
By
Kyle Jaeger
The Drug Enforcement Administration (DEA) has postponed an administrative
hearing on its proposed ban of two psychedelic compounds as the
constitutionality of the scheduling process is being challenged in federal
court.
In a order that was released on Thursday, DEA Administrative Law Judge Paul
Soeffing granted a motion to stay the June hearing that was scheduled so the
agency could receive expert input on its controversial plans to classify
2,5-dimethoxy-4-iodoamphetamine (DOI) and 2,5-dimethoxy-4-chloroamphetamine
(DOC) as Schedule I drugs under the Controlled Substances Act (CSA).
Soeffing said that, because of “the ongoing constitutional examination of
administrative proceedings by the federal courts,” he considered the stay
“appropriate,” cancelling the hearing.
Young Americans Are Five Times More Likely To Smoke Marijuana Than Cigarettes
Young Americans Are Five Times More Likely To Smoke Marijuana Than Cigarettes
New polling data from Gallup indicates that a significantly higher number of
Americans now report using marijuana compared to cigarettes. Moreover, young
adults are over five times more likely to consume cannabis than tobacco.
Overall, 17% of Americans report smoking marijuana, while only 12% reported
smoking any cigarettes in the past week. This disparity is particularly notable
among younger age groups. Among those aged 18-34, 26% reported using cannabis,
compared to just 5% who reported smoking cigarettes. For adults aged 35-54, 18%
reported marijuana use, which is higher than the 16% who smoke cigarettes.
However, among adults aged 55 and older, the prevalence of cigarette smoking in
the past week (13%) slightly exceeds that of marijuana use (11%). The survey
question on marijuana use focused on "smoking" the substance, potentially
overlooking other forms of cannabis consumption like edibles and vapes.
“Americans’ reported marijuana smoking has more than doubled since 2013, when
Gallup first added the question in its annual Consumption Habits survey,” the
polling firm said. Support for marijuana legalization has also reached a record
high, with 70% of Americans expressing approval of the policy change.
Conversely, rates of cigarette smoking have declined to historic lows amid
increased awareness of the health risks associated with tobacco. Additionally,
Gallup's separate survey from last year found that Americans perceive marijuana
to be less harmful than alcohol, cigarettes, vapes, and other tobacco products.
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The action came about a week after Panacea Plant Sciences (PPS) filed a
complaint and request for injunctive relief against DEA in the U.S. District
Court for the Western District of Washington.
PPS is contesting the administrative hearing process that’s preceding final
rulemaking, arguing that DEA’s reliance on administrative law judges (ALJs) to
settle such arbitration is unconstitutional based on U.S. Supreme Court
precedent.
“While Panacea’s likelihood of success on the merits is difficult to ascertain
at this time, the potential that Panacea may face irreparable injury absent a
stay of the present administrative proceedings weighs significantly in favor of
granting Panacea’s motion,” Soeffing said.
“Although the public interest may lie in an expeditious and efficient resolution
to these proceedings, the public interest also lies in ensuring parties are not
potentially subjected to an adjudication process found unconstitutional,” he
said.
The order stays the hearing until the federal court renders a decision in the
legal challenge to the administrative process. In the interim, Panacea and the
Justice Department are required to submit joint status reports every 60 days
until the case is resolved.
This is the latest development in a years-long dispute over DEA’s efforts to
schedule the psychedelics, which it first attempted to do in 2022, only
to withdraw the proposal amid pushback from the scientific community. The agency
separately withdrew from a proposal to ban five different tryptamine
psychedelics in 2022.
Last December, DEA announced that it would be trying to enact the DOC and DOI
ban again. The agency’s notice about the scheduling proposal still lacks
evidence that directly connects the compounds to serious adverse health events
or demonstrated a high abuse potential.
“To date, there are no reports of distressing responses or death associated with
DOI in medical literature,” it says. “The physiological dependence liability of
DOI and DOC in animals and humans is not reported in scientific and medical
literature.”
DEA said that anecdotal reports posted by people online signaled that the
substances have hallucinogenic effects, making it “reasonable to assume that DOI
and DOC have substantial capability to be a hazard to the health of the user and
to the safety of the community.”
It did point to one report of a death of a person who had used DOC in
combination with two other unspecified drugs—as well as two reports of
hospitalizations that it said were attributable to the use of DOC with other
drugs—but scientists say that hardly constitutes reason enough to place them in
the most strictly controlled schedule.
In the background of this development, DEA has agreed with the U.S. Department
of Health and Human Services (HHS) and is moving to reclassify marijuana as a
Schedule III drug.
DEA Administrator Anne Milgram told lawmakers on Tuesday that it would be
“inappropriate” for her to further comment on the agency’s cannabis rescheduling
determination because the rulemaking process is “ongoing.”
Also, in an interview with Fox News last week, former DEA Administrator Asa
Hutchinson said it “absolutely looks like” the agency will follow through with
moving marijuana from Schedule I to Schedule III.
“I think it reflects the reality of today’s both culture but also the public
sentiment. That’s most significant,” said Hutchinson, a Republican who also
served as governor of Arkansas.
Separately, the top Democrat in the U.S. House said last week that the Biden
administration’s move to reschedule marijuana is a “step in the right
direction,” but it should be followed up with congressional action such as
passing the legalization bill Senate Majority Leader Chuck Schumer (D-NY) filed.
On the opposite side of the spectrum, a Republican senator said that marijuana
is a “gateway drug,” and Democrats’ moves to legalize it reflect “pro-criminal,
anti-American policies” that will “stimulate more crime on American streets.” He
also argued that cannabis banking legislation “facilitates an entire
infrastructure and an ecosystem for more drug usage in America.”
Read the DEA judge’s order in the psychedelics scheduling case below:
> DEA Appears To Question Marijuana’s Medical Value Despite Rescheduling
> Recommendation
Photo courtesy of Wikimedia.
Marijuana Moment is made possible with support from readers. If you rely on our
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Related Topics:featured
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Kyle Jaeger
Kyle Jaeger is Marijuana Moment's Sacramento-based managing editor. His work has
also appeared in High Times, VICE and attn.
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