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.
BIG: I can now say with full confidence that the Administrator of DEA, Anne Milgram, did NOT sign the rescheduling order, breaking with five decades of precedent and established law and regulations (two confidential sources inside DEA and another outside DEA with intimate…
— Kevin Sabet (@KevinSabet) May 6, 2024
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.
“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.
This does NOT mean marijuana rescheduling isn't happening.
— Tom Angell 🌳📰ⓥ (@tomangell) May 6, 2024
The order may have been signed by a lower-ranking DEA official or, conversely, could actually be signed by AG Merrick Garland—potentially highlighting the prominence and importance of the issue for the administration. pic.twitter.com/M2yy5Pia8P
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.
We do NOT need Anne Milgram to sign the rescheduling order.
— WeedStreet420 (@WeedStreet420) May 6, 2024
In 1998 it was the DEPUTY ADMINISTRATOR of the DEA who signed the rescheduling of Marinol from Schedule II to Schedule III.
"Under the authority vested in the Attorney General by section 201(a) of the CSA (21 U.S.C.… pic.twitter.com/TCbVsLR5uu
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.
Here is the DEA rule that gives power to Anne Milgram to redelegate her authority to the Deputy Administrator (George S. Papadopoulos) or any subordinate
— WeedStreet420 (@WeedStreet420) May 6, 2024
§ 0.104 Redelegation of authority.
The Administrator of the Drug Enforcement Administration is authorized to redelegate to… pic.twitter.com/OVSIkifPXZ
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