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Legal Experts Break Down ALJ's Cannabis Rescheduling Pause | TTB Presented by Flowhub

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In our latest Trade to Black podcast, presented by Flowhub, hosts Shadd Dales and Anthony Varrell jump into the biggest cannabis story of the last 24 hours, DEA Chief Administrative Law Judge Derek Julius issuing a stay in the marijuana rescheduling hearing after opponents filed a motion to add a new Government Accountability Office report into the record.

In segment one, Michael Bronstein, President of the American Trade Association for Cannabis and Hemp, joins to break down the key takeaways from ATACH's own member briefing on the stay, including the four realistic paths forward once DEA responds by October 13:

1. Deny the motion and lift the stay
2. Official notice of limited findings, no new briefing
3. Grant the motion as proposed
4. Admit with a modified schedule

In segment two, Eric Berlin of Dentons, widely regarded as one of the top cannabis attorneys in the country, joins to provide real legal direction.

Eric explains why Judge Julius's decision to pause and formally consider the motion was close to procedurally necessary, why these documentation gaps at DEA and FDA have existed for decades without derailing prior scheduling decisions, why the GAO report itself contains zero findings specific to marijuana, and why DEA's recommendation ultimately rests on HHS's own 2023 scientific evaluation, which DEA has followed without exception across 84 completed cases reviewed by GAO.

00:00:00 Opening and cannabis rescheduling pause
00:02:18 Michael Bronstein on the GAO report
00:07:11 How the report could affect other scheduling decisions
00:12:45 October 13 deadline and market reaction
00:15:39 Cannabis stocks, speculation, and market fragmentation
00:23:47 M&A, Connected licensing, and Aurora
00:31:51 Canadian cannabis companies and Decibel
00:45:11 Eric Berlin joins the discussion
00:47:52 What the procedural pause means
00:53:05 GAO findings and the HHS report
01:04:00 Advocacy, the Massachusetts ballot, and public engagement
01:15:51 Market caution and closing takeaways

#TradeToBlack #DEARescheduling #MarijuanaRescheduling #DerekJulius #EricBerlin #Dentons #ScheduleIII #CannabisPolicy #GAOReport #CannabisNews #ALJ #TrumpAdministration #Cannabis #BusinessNews

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15 Comments

@jesse3105 4 days ago

I think you can safely say it is halted/stayed until the deadline given. The judge gave the objecting groups the same parameters to submit supporting comments as they did to the DEA. The objecting groups best interest is to stall and so they will. The DEA's best interest is to not commit with supporting comments until the last minute because it would give the objecting groups more material to pick at / counter.

@YouKnow-r9q 4 days ago

lol 😂🤣 the ol word juggle technic ey

@Filip333ify 4 days ago

It is suddenly a price we all hoped to buy for for last weeks. And it is here. If you got the cash, go and get some more.

@dankerr1056 3 days ago

We can pick apart this stay until the cows come home but this 2 week administrative stay wiped out billions in lost equity. That's the bottom line! It shouldn't be possible yet it happened. How is this possible? Let's not sugar coat it, it is a coordinated effort between the DEA, big pharma and Wall St. to destroy the cannabis industry. It's not a conspiracy theory, it's common knowledge. Even 60 Minutes reported on how 46 high level DEA officials went to work for big pharma, and that was before the DEA #2 in charge, Louis Milione, went to work for Purdue Pharma (the most evil company in the history of the world) for $600 an hour. If that wasn't bad enough, the #1 in charge, Anne Milgram, thought this was so commendable that she brought him back to the DEA! That is the culture of the DEA, big pharma rules supreme! The allegiance of DEA officials at the highest level lies with big pharma, not the DEA or America.

I have sent messages to President Trump for years to fire all corrupt DEA officials, but I can't be the only one. Again, this is a coordinated effort to destroy the cannabis industry. We must have a coordinated effort to save it.

@YouKnow-r9q 4 days ago

I joke around but all those stuff is heavy on the heart, To Love a Country and feel betrayed by how they handle are health and wealthy, does hurt. I know one thing the people in power are corrupted by it and dont know how to wield to for the good of the people.

@alexsolstice5394 4 days ago

TDR, get someone on air with experience of creating or responding to GOAs or any other regulatory exam reports.
This report is considered "Strong or Satisfactory".
Generally, auditors bring up Policy and Procedures improvement opportunities (not required) if don't find anything wrong with the process and controls. DEA must have had "exit meeting" before the report issuance and likely already provided an Action Plan, if was required.
I know, in regulatory audits trad for 15 years.

@ChilledPint 4 days ago

27:15 Judge Julius phones AV

@Jack-mi2rk 3 days ago

Make weed legal and politicians illegal we don’t need greedy politicians to tell us what we can and cannot do !

@mmjinternationalholdings294 3 days ago

Eric, the order expressly states: “this matter is STAYED pending the Motion’s resolution.” Calling it a “pause” does not make your statement that the proceeding was not stayed accurate. The separate April order remains in effect, but this proceeding is stayed.

GAO’s findings also go beyond paperwork. They concern missing procedures for conducting scientific evaluations and criteria for determining relative abuse potential—a required Schedule III finding.

The supplemental motion cites government testimony that FDA did not complete the five-part medical-use analysis, that the new framework uses a less rigorous evidentiary standard, and that marijuana would not have passed the five-part test. That deserves a substantive response, not an analogy about stamping documents.

You correctly note that GAO did not declare rescheduling unlawful. But that does not establish that its findings are irrelevant. Nor does OLC’s endorsement settle the legal question: after Loper Bright, courts independently determine statutory authority.

Please address the actual order, audit findings, and government testimony.

@500sixtyfour 3 days ago

Like why is Trulieve down at all

@tomloughborough2474 4 days ago

Bill Barr is just doing want Kevin wants, as long as he gets paid.

@russell55-i9w 4 days ago

Trump can't be trusted. Forked tongue. Florida all over again, when he endorsed recreational cannabis (?) and DeSantis didn't.

@500sixtyfour 3 days ago

Why don’t you guys ever talk about the blatant manipulation and psychological fuckery going on. This isn’t organic trading at all.

You guys act like the market is real and organic and not some MM just screwing everyone. Is there an SEC at all?

The trading today is just ment to destroy weak traders. There’s no value proposition other than the amount of money they can take from people

@YouKnow-r9q 4 days ago

Ant Warren Buffet and Charlie Munger explain this exact situation and opportunity, You guys are gonna be super paid, I am gonna make enough as usual 😅 Thank God i am grateful, gotta know how to be a philanthropist when i get it anyway 😂