Village Farms International and Hemp for Victory today announced that they have filed a joint motion which seeks the immediate disqualification and removal of the Drug Enforcement Administration from defending the Proposed Role to reschedule marijuana from a Schedule I to a Schedule III drug under the Controlled Substances Act (CSA).
The parties also moved to replace the DEA with the Department of Justice as proponent of the proposed rule and order that the record include all requests for hearing and/or participation in these proceedings filed with the DEA; a record of the decisions made by the Administrator regarding why certain parties were designated as participants and others were not; and any ex parte communications between DEA and third parties. Finally, Village Farms and Hemp for Victory requested that Smart Approaches to Marijuana (SAM) and the DEA be ordered to preserve their records, as factual evidence demonstrates unlawful conduct which has further compromised the DEA’s participation in the proceedings.
“It is our belief that the DEA cannot lawfully act as the proponent of the Proposed Rule and that its actions throughout the administrative process demonstrate that it opposes the proposed transfer of marijuana to Schedule III and is therefore compromised. Treating the DEA as the proponent of the Proposed Rule would violate APA and DEA regulations and render these proceedings a sham. Lawyers from the Department of Justice, not the Drug Enforcement Administration, must therefore defend this rule," said Shane Pennington, partner at Porter Wright Morris & Arthur, LLP and counsel to Village Farms and Hemp for Victory.
"A majority of American citizens continue to overwhelmingly support having better access to alternative medicines like cannabis in their pursuit of health and wellness. However, the wellbeing of military veterans in particular continues to be ignored despite significant evidence that cannabis is a beneficial tool that can help veterans manage the mental and physical challenges that have resulted from their service without dependency on opioids. This rescheduling process needs to pave the way for a healthier road ahead, a road that cannot continue to be blocked by the deep entrenchment of bureaucracy in our administrative processes," said Robert Head, retired Army infantryman and Board Chair of Hemp for Victory.
“Our organization embraces the power of the cannabis plant as an alternative to Big Pharma and harmful, addicting drugs like opioids. However, we continue to face burdensome challenges in several of our regulatory jurisdictions that not only restrict us from advancing access to cannabis for millions of people, but have also created near-insurmountable institutional barriers to clinical research involving cannabis. We are proud to be one of the pro-cannabis participants selected to testify as a witness in the upcoming Rescheduling Hearing, but the filing of this joint motion reflects our desire for a more transparent process that ensures all credible voices are heard, including other applicants whose expertise has been overlooked or ignored," said Michael DeGiglio, retired Navy captain and naval aviator and President and Chief Executive Officer of Village Farms.