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DEA Judge Orders Agency to Address Claims it Worked Against Rescheduling, Malay State Proposes Drug Testing Concertgoes, More... (1/8/25)

Submitted by Phillip Smith on
Politics & Advocacy

Ukraine has officially registered its first medical marijuana product, and more. 

Marijuana Policy 

DEA Ordered to Respond to Allegations It’s Conspired Against Marijuana Rescheduling. DEA Administrative Law Judge John Mulrooney ruled Tuesday that the agency must respond to allegations it opposes the marijuana rescheduling proposal from the Biden administration and that it engaged in improper communication with reform foes. 

"The Motion for Reconsideration requests a series of relief related to alleged improper ex parte communications between the Agency and other actors," Mulrooney wrote. "The Government is herein ORDERED to file a response to the Motion to Reconsider" by January 13.

Mulrooney's order came just one day after several witnesses filed a motion outlining the allegations. Those witnesses are seeking to remove the DEA as the proponent of the proposed rule to place marijuana in Schedule III of the Controlled Substances Act.

The witnesses accuse a DEA pharmacist who seemed to question the rescheduling of echoing "anti-rescheduling talking points in attempting to show that marijuana has a high abuse potential and no currently accepted medical use," they wrote in their latest motion.

They also accuse the DEA of relying on a legal test previously rejected by the Justice Department's Office of Legal Counsel (OLC), arguing that it demonstrated that the DEA's "defiance of OLC’s binding opinion is stunning proof of its open hostility to the Proposed Rule."

And they accuse it of favoring opponents of rescheduling as witnesses over proponents of reform: "This new evidence confirms that DEA has worked to stack the deck against the Proposed Rule by favoring anti-rescheduling parties in its selection of hearing participants and obstructing a balanced and thoughtful process based on science and evidence," the filing says.

Judge Mulrooney earlier rejected the groups' request to remove the DEA as the proponent of the rescheduling rule but is taking the allegations of partiality seriously.

International

Malaysia Proposal to Drug Test Concertgoers Draws Backlash. The government of the state of Selangor has proposed requiring concertgoers to undergo urine testing for the presence of drugs, but the proposal is facing a backlash. 

The idea was bruited on Monday, when Datuk Ng Suee Lim, chair of the state's local government and tourism committee, said the tests might be required to prevent drug use at concerts. He also suggested using scanning equipment to block prohibited materials from being brought into concert venues.  It came after four people died of apparent Ecstasy overdoses at a New Year's Eve concert in Selangor. 

But concert promoter Shirazdeen Abdul Karim said the notion is unrealistic because it would take too much time to screen thousands of people. And he pointed authorities toward raves instead of the concerts he promotes. 

"Drug use mostly persists at DJ shows, so more stringent procedures can be applied there," he said.

He also suggested cracking down on the border instead of concertgoers. 

"It’s better for authorities to address the main issue, which is how the drugs got into the country," he said.

Similarly, concert promoter Iqbal Ameer said the proposal was unrealistic. 

"I think the current security checks at concerts are sufficient; in fact, they are already causing long wait times for attendees. Adding more layers isn’t going to solve the drug issue," he said. "Who’s going to bear the cost of these screenings? Is it the police or the organizers?

Iqbal suggested a combination of enforcement and harm reduction measures instead. "These measures are already implemented in many places around the world and are proven to be effective without causing major disruptions," he said.

He suggested that the authorities tighten border controls and address how drugs are entering the country.

Ukraine Officially Registers First Medical Marijuana Product. The country has officially registered its first marijuana-based drug, an oral drop product from a Spanish brand, the Patients of Ukraine Foundation reported.

"It has been a year since Ukraine passed the law on medical cannabis legalization. During this time, the Ukrainian system has been prepared on a legislative level for the legalization of medical products. The first manufacturer has already registered an active pharmaceutical ingredient (API), so the first drugs will soon appear in pharmacies," said MP Olha Stefanishyna.

The foundation said more products are coming soon, including capsules, dental pastes, and gels. The Ministry of Health approved all of these last year. 

Patients of Ukraine also noted the list of qualifying conditions for medical marijuana use has important gaps, including PTSD, which is rampant in the war-torn country.

"The current list of conditions is not progressive. The patient community insists on including PTSD. We have managed to ensure that drugs can also be prescribed for other conditions based on the conclusions of medical consultative commissions in hospitals with scientific bases. This will provide access to treatment for more patients in need," said the foundation's executive director, Inna Ivanenko.

Permission to Reprint: This content is licensed under a modified Creative Commons Attribution license. Content of a purely educational nature in Drug War Chronicle appear courtesy of DRCNet Foundation, unless otherwise noted.

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