Scientists Sue DEA Over Alleged ‘Secret’ Document That Delayed Marijuana Research Expansion | Marijuana Moment

  • The Drug Enforcement Administration (DEA) is finding itself in court over marijuana again after scientists filed a lawsuit against the agency, requesting secret documents that they allege DEA used to delay action on expanding cannabis research.
  • Because Defendants have failed to fully disclose their re-interpretation of federal law and treaty obligations as the law requires, Plaintiff lacks information necessary to protect its legal rights, including the right to have its application to manufacture marijuana for research processed in compliance with the Administrative Procedure Act and the [Controlled Substances Act], the filing states.
  • We deserve not only to know the scientific truth about medical marijuana use, but candor from our government, which includes disclosure of the secret law’ the agency continues to rely on as a basis to delay and ultimately revamp the process for researching and manufacturing marijuana in this country, the filing says.
  • In sum, using a secret OLC Opinion interpreting the CSA and a 1961 international treaty, DEA delayed processing applications to cultivate marijuana for research and now proposes to radically revamp federal law through rulemaking rules which will loom large over the future of medical marijuana research, manufacture, and distribution going forward.
  • To block the Growers Program, DOJ formulated through the OLC Opinion and related records and DEA adopted to an undisclosed interpretation of the Single Convention and federal law contrary to the view espoused and published by DEA in the August 2016 Policy Statement, and contrary to the view of the State Department, it continues, apparently referencing a letter the State Department sent to a senator in response to questions about the role of international treaties as it concerns expanding cannabis cultivation facilities.
  • If adopted, these proposed rules would radically overhaul how medical marijuana manufacture and research will proceed in this country, the plaintiffs wrote.

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