mirza kadic A pair of Republican congressmen are asking DEA Administrator Anne Milgram to answer questions related to the Biden administration's plan to reschedule marijuana after she refused to address questions on the subject during a May 7 hearing. Reps. Andrew Clyde (Ga.
) and Ben Cline (Va.) argue that despite Milgram's contention that it would be "inappropriate " to comment on the reclassification rulemaking process during a House Appropriations subcommittee hearing on the DEA's fiscal 2025 budget, she is "legally compelled" to do so. She cited the Administrative Procedure Act as justification for not having to respond.
The lawmakers said while the APA does provide some restrictions on communications during the rule making process for drug classifications under the Controlled Substances Act, there is "an exemption for Congress, stating: 'This subsection does not constitute authority to withhold information from Congress.'" In their May 22 letter , they added that a similar provision in the Freedom of Information Act that has been interpreted by the Department of Justice means that appropriate information "cannot be withheld from Congress through its committee structure." Clyde and Cline also want to know if the DEA is the final authority on scheduling and rescheduling of drugs -- as she said on May 7 -- why was her signature not on the notice of proposed rulemaking on May 16.
Only Attorney General Merrick Garland's signature is on it. Multi-state operators: Ascend Wellne.
