DEA Agrees To Release ‘Secret’ Document Allegedly Used To Justify Marijuana Research Delay - Grow Life 420

DEA Agrees To Release ‘Secret’ Document Allegedly Used To Justify Marijuana Research Delay

April 29, 2020

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Scientists have successfully forced the Drug Enforcement Administration (DEA) to release an internal document that was allegedly used to justify delaying the approval of additional marijuana manufacturers for research purposes.

The Scottsdale Research Institute (SRI), which is one of several applicants seeking federal authorization to cultivate cannabis for studies, filed a lawsuit under the Freedom of Information Act last month, claiming that DEA had relied on a “secret” memorandum interpreting international drug treaties to avoid accepting more manufacturers.

On Tuesday, the parties reached a settlement in the case.

Under the agreement, which was coupled with a joint stipulation of dismissal with prejudice filed on Wednesday, the case was dismissed and the agency agreed to disclose the Department of Justice Office of Legal Counsel (OLC) document no later than the close of business on Thursday.

The June 2018 memo—titled “Licensing Marijuana Cultivation in Compliance with the Single Convention on Narcotic Drugs”—will be published, unredacted, on the Justice Department’s site.

“The parties acknowledge that this Settlement Agreement is entered into solely for the purpose of settling and compromising the claims in this action without further litigation, and it shall not be construed as evidence or as an admission regarding any issues of law or fact, or regarding the truth or validity of any allegation or claim raised in this action, or as evidence or as an admission by Defendants regarding Plaintiff’s entitlement to any relief (including attorneys’ fees or other litigation costs) under the Freedom of Information Act,” the text of the filing in the U.S. District Court for the District of Arizona states.

While it’s not clear what exactly the document will contain, the scientists suspect that following a DEA announcement in the waning months of the Obama administration in 2016 that it would approve additional marijuana manufacturers, the Trump administration’s OLC secretly issued the 2018 internal government opinion that interprets international treaty obligations as making it impossible to fulfill that pledge.

It’s been previously reported that the Justice Department, under then-Attorney General Jeff Sessions, a vociferous opponent of cannabis reform, blocked DEA from processing any of the several dozen cultivation license applications it received in response to the 2016 announcement. Attorney General William Barr has taken a different tone, however, telling lawmakers that he’s pushed “very hard” to get more manufacturers approved and that he thinks “it’s very important to get those additional suppliers.”

The reason this matters to researchers and advocates is because there is currently only one federally authorized cannabis cultivator in the country at the University of Mississippi. And studies have indicated that the marijuana it produces is not reflective of the cannabis sold in retail dispensaries in legal states, raising questions about the veracity of previous studies that have relied on it.

Three years after DEA announced it would begin approving more manufacturers, applicants didn’t hear anything back, and SRI filed an initial lawsuit alleging that the agency was deliberately holding up the process. A court mandated that it take steps to make good on its promise, and that case was dropped after DEA provided a status update.

Last month, DEA did unveil a revised proposal that contained changes the agency said were necessary due to the high volume of applicants and to address potential complications related to international treaties to which the U.S. is a party. A public comment period is now open, after which point the agency says it will finally approve an unspecified number of additional growers.

That was a step in the right direction as far as advocates are concerned, but the proposed rule neglected to provide information about how the Justice Department advised DEA on the matter and which parts of the amended proposal would make expanding cannabis cultivators compliant with international treaties.

The plaintiffs argued that DEA violated federal statutes that prohibit the creation of “secret law.” Federal agencies must make records—including final opinions and policy interpretations not published in the Federal Register—public, the case argued. The dispute has been addressed accordingly, leading to the new settlement.

Read the DEA marijuana FOIA settlement and related documents below: 

DEA FOIA Settlement by Marijuana Moment on Scribd

Former Federal Prosecutor Running For Congress Says Legalize Marijuana To Hurt Cartels

Photo courtesy of Mike Latimer.

The post DEA Agrees To Release ‘Secret’ Document Allegedly Used To Justify Marijuana Research Delay appeared first on Marijuana Moment.



420GrowLife

via www.KahliBuds.com

Kyle Jaeger, KahliBuds, 420GrowLife

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