The lawsuit says DEA acted in bad faith over marijuana

It was clear that the DEA was slow to change when it came to cannabis… but did they do something shady?

It was clear that Anne Milgram, the head of the Drug Enforcement Agency (DEA), is not a cannabis fan and is not happy with the push to reschedule. Now a lawsuit says the DEA acted in bad faith when it came to marijuana. David Heldreth, CEO of psychedelic research company Panacea Plant Sciences, claims the DEA's recent actions violate federal law and constitutional principles. Filed in the U.S. District Court for Western Washington, the Justice Department names Attorney General Merrick Garland, DEA Administrator Anne Milgram and DEA Judge John J. Mulrooney II as defendants. So what's going on?

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It's no secret that the current president is not a fan of cannabis and has waited three years to make good on his 2020 promise to help the industry. The timing allowed his administration to hand the decision over to the next president. DEA Chief Milgram hesitated on the matter despite the recommendation of the Department of Health and Human Services, the Food and Drug Administration, the American Medical Association and the American College of Physicians. All of these authorities recommended the change based on clear research showing the medical benefits of cannabis, particularly for cancer, chronic pain, post-traumatic stress disorder and inflammation. The DEA's failure to follow violates all precedent.

Heldreth's accuses legal violations in the DEA's rulemaking process. He claims the agency failed to consult with Indian tribes, even though a shift to marijuana would have significant impacts on tribal law enforcement and health services. Additionally, Heldreth challenges the constitutionality of the DEA's administrative law judges, arguing that their appointment by the DEA Administrator violates Article II of the U.S. Constitution.

Heldreth is the latest complaint as a veterans organization claims she was excluded from hearings despite the Veterans Administration working with industry to find a path forward for veterans with PTSD.

Milgam has obstructed the delayed tenure move and campaigned to stop the process. Following the announcement of a rescheduling, Anne Milgram made the unusual request for an “off-the-record/no-notes meeting” to senior MPs called in to what she called the “marijuana meeting” in March. This was followed by a request to the Department of Justice (DOJ) that would slow, if not stop, the process. The DOJ denied the request.

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Given that millions of patients, including veterans, use medical marijuana, as well as thousands of mom-and-pop businesses, Milgram's actions are unclear. Science has changed direction and it appears that the DEA is the only agency opposing the movement.