“An agency cannot put an ex parte communication on the record if it does not know of its existence or contents,” the DOJ stated. Additionally, the motion argues that Zorn’s pending administrative appeal further underscores that no final agency decision has been made, making the claims premature.
The legal battle follows a DEA tribunal’s recent decision to halt hearings on the U.S. attorney general’s proposal to reschedule marijuana from Schedule I to Schedule III—a move that would ease federal restrictions on cannabis. The suspension was granted to allow a subset of pro-rescheduling parties, including Zorn, to pursue an interlocutory appeal with the DEA administrator over concerns that the DEA is internally opposed to reclassification, despite publicly supporting the change.
Allegations of Undisclosed DEA Contact With Anti-Legalization Group
At the heart of Zorn’s lawsuit are statements made by Kevin Sabet, the president and CEO of Smart Approaches to Marijuana (SAM), a leading anti-legalization nonprofit participating in the rescheduling hearings.
