DEA Administrator Reportedly Didn’t Sign Cannabis Rescheduling Order, But Is It Necessary?

Recent developments regarding the signing of a marijuana rescheduling order have sparked debate and speculation within the cannabis community and drug policy circles. The controversy emerged following statements from Kevin Sabet, President of Smart Approaches to Marijuana (SAM).

Sabet, a prominent figure in drug policy discussions, asserted via his X account that Anne Milgram, Administrator of the Drug Enforcement Administration (DEA), did not sign the rescheduling order. This revelation, as per Sabet, breaks from five decades of established precedent and legal norms.

However, his claim was met with skepticism from some quarters. Marijuana Moment journalist Tom Angell reposted Sabet’s statement, adding nuanced analysis suggesting that while Milgram’s non-involvement doesn’t negate the possibility of rescheduling, it raises questions about who might have signed the order.

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“The order may have been signed by a lower-ranking DEA official or, conversely, could actually be signed by [Attorney General] Merrick Garland,” Angell wrote.

The discussion gained traction on social media, with X account @WeedStreet420 chiming in on the matter. The account suggested that Sabet’s confidence in Milgram’s non-involvement could indicate that the rescheduling order has already been signed by another official within the DEA, potentially signaling imminent progress.

Further complicating the narrative, WeedStreet420 referenced historical precedence from 1998, where the rescheduling of Marinol was carried out by the Deputy Administrator of the DEA. They cited legal provisions granting authority to the Attorney General, which is subsequently delegated to the DEA Administrator and, in certain cases, to the Deputy Administrator.

“The Administrator of the Drug Enforcement Administration is authorized to redelegate to any of his subordinates or any of the officers or employees of the Immigration and Naturalization Service any of the powers and functions vested in him by this subpart R,” the account cited.

The current Deputy Administrator is George S. Papadopoulos.

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