
← The Dales Report | Trade to Black15 oct. · 8 min
Why the Judge's Rescheduling Order May Protect the Process | TDR Cannabis in 5
<p>Is the DEA judge's latest order really bad news for cannabis rescheduling? This episode of TDR Cannabis in 5, presented by FRE, argues it may be more routine than it looks. Host Shadd Dales covers Marijuana Moment's report that Judge Derek Julius has ordered the DEA to respond by October 21 to opponents' request for additional testimony and access to government documents, tied to a recent Government Accountability Office report on gaps in how agencies document drug scheduling.The episode breaks down what opponents want, including who developed the two-part medical-use test, why the five-part test was replaced, what roles federal agencies played, and why the 2023 evaluation didn't address psychosis and schizophrenia the way they believe it should have. It also lays out the DEA's position that the GAO report points to documentation gaps, not flaws in the science.Drawing on points cannabis attorney Eric Berlin of Dentons raised on the Trade to Black livestream, the episode explains that the Justice Department's Office of Legal Counsel reviewed the two-part test in 2024 and found it sufficient, and why a few extra weeks spent building a stronger record could help protect the final decision from legal challenge. It also covers the short deadline, the 10-page limit, and the HHS evaluation, which spans 252 pages. DEA also points to more than 30,000 practitioners treating over six million patients.The judge could deny the request, ask for more filings or allow limited testimony, and has not ruled. The takeaway: procedural arguments and the science are two different things.<a href="https://www.youtube.com/hashtag/cannabisrescheduling">#CannabisRescheduling</a> <a href="https://www.youtube.com/hashtag/deahearing">#DEAHearing</a> <a href="https://www.youtube.com/hashtag/gaoreport">#GAOReport</a> <a href="https://www.youtube.com/hashtag/scheduleiii">#ScheduleIII</a> <a href="https://www.youtube.com/hashtag/alj">#ALJ</a> <a href="https://www.youtube.com/hashtag/dentons">#Dentons</a> <a href="https://www.youtube.com/hashtag/marijuanamoment">#MarijuanaMoment</a> <a href="https://www.youtube.com/hashtag/cannabis">#Cannabis</a> <a href="https://www.youtube.com/hashtag/cannabisinvestors">#CannabisInvestors</a> <a href="https://www.youtube.com/hashtag/cannabisnews">#CannabisNews</a> <a href="https://www.youtube.com/hashtag/cannabisindustry">#CannabisIndustry</a>Want to see more Cannabis Reform?🎬 <a href="https://www.youtube.com/watch?v=lJIBGn-_pzk