Persistence Pays…A Journey Toward Journalistic Access for the DEA Reschedule Hearing
First, I must express my gratitude to Nicholas Barreto, whose dedication to keeping us informed about the developments regarding the DEA Reschedule Hearing has been invaluable. His updates kept the community engaged and allowed many of us to stay on top of changes in real time. When Nicholas posted about sending an email to express interest in attending the hearing, I decided to follow his lead and make my own attempt.
Requesting Press Access to the DEA Hearing
On November 26, I sent an email stating my interest in attending the hearing as a journalist. The response was quick and blunt: “Due to limited capacity in the courtroom, DEA Press spots are for credentialed media only. We are unable to accommodate your request. The hearing will be available for public viewing on www.dea.gov/live.”
At first, I felt slighted and dismissed—especially given that Fat Nugs Magazine is the only Cannabis Culture Magazine. Was my publication not considered credentialed? This rejection stung, but I wasn’t ready to let it go. I posted about it on social media, venting my frustration at being turned away, only to later come across Nicholas' post, in which he pointed out that such a rejection could be seen as a violation of First Amendment rights. This sparked something in me.
I took a deep breath and decided to give it another shot. On November 29, I sent a follow-up email that read: “I feel this denial is a violation of my 1st Amendment rights. I request you to reconsider and allow my journalism credentials for Fat Nugs Magazine.”
On November 30, my inbox chimed with an unexpected and encouraging response: “Accredited journalists who do not hold a long-term ‘hard’ building pass at DOJ are welcome to attend open press events within the Department.”
As indicated for this event, there are a limited number of seats available for the press due to the size of the courtroom, therefore we are streaming live on www.dea.gov/live.
Should you still wish to be considered for this opportunity please provide your full name and the official name of your media outlet to be added to Monday’s security list.
Upon arrival at security, you will also need to present one of the following as identification:
A U.S. Government-issued photo media credential (e.g., White House, Department of Defense, Congress), OR
An official photo identification card issued by your news organization, OR
A letter from your employer on official letterhead verifying your current employment as a journalist.
AND
An official government photo identification (i.e., U.S. driver's license or passport).
Persistence Pays Off for Independent Journalism
And just like that, persistence had paid off. I had successfully advocated for my right to access the hearing, ensuring that Fat Nugs Magazine and its readers would be represented. This experience served as a reminder of the power of perseverance, especially when defending the rights that ensure we can continue to inform and educate the public.
That’s all I needed to convince me to disturb our founder, Dustin, during his holiday weekend. I reached out, asking if he could get the letter to me as soon as possible, knowing he was about to leave for Vegas for MJBizCon. With my letter in tow, I was filled with both excitement and anxiety, as this was a new frontier for me. I had never attempted something like this before—fighting for access to a federal hearing as a journalist representing Fat Nugs Magazine. But even with the letter in hand, there was still that lingering question: would I actually be admitted?
As a mom of four, who juggles school runs and daily responsibilities, the logistics of attending this hearing were no small matter. I needed to know if my name had been added to the list, so I could plan accordingly. The uncertainty made the anticipation even more nerve-wracking, so I sent a quick email on Saturday evening, hoping for a response that would bring some clarity.
Then, Sunday, December 1st, at 1:01 p.m., my inbox chimed, and what I saw made my heart race—music to my eyes. The subject line read: Confirmation of Accreditation for DEA Reschedule Hearing. I opened the email, and there it was, in black and white: my name had been added to the list.
I felt a wave of relief wash over me, followed by a burst of excitement. It was official—I was going to be able to attend. This wasn’t just a personal victory; it was a victory for Fat Nugs Magazine and for anyone who believes in the importance of having diverse voices at critical events like these. After all, the hearing wasn’t just about policy or legislation—it was about real people, real communities, and real change, and I was finally going to be there to witness it firsthand.
With a sigh of relief, I could finally turn my attention to the practicalities. Now that I was confirmed, I could coordinate the details and make sure everything was in place for the day. But more than that, I was energized by the idea that persistence, even against the odds, truly pays off. It was a reminder that sometimes the road to our goals is uncertain and filled with doubt. But when we push through the obstacles, the reward can be more than just the result—it can be the realization that we have the power to make a difference, step by step, email by email, and moment by moment.
Overjoyed with pure blessings that this is happening, the planning resumed. I got the kids squared away, ensuring everything was in place so I could get to the hearing early. I knew I’d be battling DMV traffic—56 minutes to go just 19 miles, a challenge that I’ve heard only Los Angeles can offer. But I was determined to make it.
Attending the 2024 DEA Reschedule Hearing
The GOOD GOOD:
Blistering cold. Literally so cold that I could feel my face tighten, threatening to crack in the early morning air as I set out to attend my very first DEA hearing in person. Adding that I am attending as a highly Melanated woman because it matters. It’s not just the act of being there—it’s the why. As I approached the building, I saw individuals in sharp suits, and a couple seated on a bench in the lobby. I overheard officers telling some guests they couldn’t enter because their names weren’t on the list. In my head, I said, “Shit, I’m good. My name is on the list.”
But then, it happened. The officer asked for my identification, compared it to the list on his clipboard, and looked up at me with a confused expression. "I’m sorry, you’re not on the list," he said, shaking his head slightly as he handed my ID back to me.
I didn’t panic, though. I calmly responded, "I have the email right here that says otherwise. Let me pull it up for you." I positioned my phone as close to the window as I could, hoping he could see the confirmation clearly. He stepped back, read the email again, and then said, “Ma’am, please have a seat while I discuss this.”
I sat down next to the others in the lobby, trying to stay calm, but I could feel the tension rising. As time passed, I watched two people being allowed entry, while six others were turned away. The six turned away looked completely dumbfounded, many of them insisting they were witnesses. The whole situation was becoming a bit surreal.
Finally, my turn came. I handed over my ID again and joined the line for the metal detectors. I’m not going to dive into the full details of what happened next, but let’s just say there was a long hold-up due to an individual having contraband in their bag. It turned out to be a pair of clippers! After several eye rolls because it was taking longer than expected, it was finally my turn. The walk-through was smooth, but my bag raised a red flag. I was asked to step aside so they could rerun it through the scanner.
The officer asked if it was a clipboard, and I said, “Yep, that’s what I told you was in there.” He chuckled and said, “Okay, Ma’am, you’re good to go.”
At last, it was another step forward—getting my ID, my name badge, and waiting for an escort to the courtroom.
Finally, stepping into the courtroom was an experience all its own. It was freezing cold there—thankfully, I had brought my big, fluffy coat because otherwise, I’d have been uncomfortable and distracted during the proceedings. I spotted a familiar face—Shanetha, a local ally in the fight for cannabis freedom and education—there as a witness. After greeting each other with a hug, she asked if I had gotten press access. When I said yes, she smiled and gave a firm hand grab, silently emphasizing the importance of my presence. A quick scan of the room revealed the stark contrast in representation. The room was predominantly filled with white men, with a handful of Black and Brown women and men scattered throughout. I was keenly aware of the space I was occupying, but my gratitude for being there, for having the opportunity to witness and report on this, kept me grounded.
And then, the moment I had been waiting for:
"All rise."
The Nitty-Gritty Details
Chief Administrative Law Judge Hon. John J. Mulrooney, II takes the bench. Judge Mulrooney spoke directly and reiterated he didn’t want to take up his time nor yours throughout the entirety of the hearing. Today was a preliminary hearing; basically house rules, some cleanup and administrative components to work out prior to the start of the DEA Reschedule Hearing. For all parties on both sides the information he requests from each will be due by December 13, 2024.
To set the order Judge Mulrooney stated that the Government (DEA Rep) will be the first to present their case.
All evidentiary files must be submitted by Jan 3rd, he encouraged and repeated he does not want to read novels.
Only submit pertinent facts, but can use facts in books as long as it's highlighted to the direct sentence with page number and paragraph. No Legal Opinions will be accepted.
90 minutes to present - cross is 20 minutes
Consolidated parties receive 120 minutes/2 witnesses
The Government is allowed more than 2 witnesses
10 min introduction of witness, 10 min closing or submit briefing within 5 days and not more than 25 pages.
1 counsel on cross
No jury only him
Keep your composure through your dislikes because no sound or reaction will phase him
Trial Order:
(In Support of)
The Government (Gov’ment)1/21/25 James J Schwartz is the lead counsel and they state they are in support of Rescheduling. The Judge reminded Schwartz team that 43,000 comments is not evidence to submit those comments in the notes but not as evidence for the hearing. If they wish to subpoena they must do so by 12/13/24.
Ombudsman Connecticut Consolidated OCO Ellen Brown 1/28/25, Judge Mulrooney raised concerns with relevance to the anecdotal evidence of a witness and if the pharmacist witness is a qualified expert in addiction. Matthew Zorn lead counsel raised concerns of the full hearing being on record and why the Government have not disclosed their position or submit discovery for other parties to view. Judge Mulrooney basically said the government as a Proponent of the Request doesn’t have to give a direct response to whether or not they are in support or not in support. He claims his main concern is Public Safety because they represent the DEA. Judge accepts the concern on discovery and instructs the Government to submit by 12/13/24. Judge reminds Zorn several times that if a stay is executed it will halt the hearing until who knows when.
Hemp for Victory 1/22/25, Mr. Abdul and Mr. Klein: no issues for discussion
Commonwealth Project 2/4/25, San Francisco California: Judge jokes to Ms. Faire that being available after 2pm is “Not A Thing” quoted from Mean Girls, instructed to request a date change but the time is not flexible.
Dr. Kirshenbaum 2/6/25, Mr. Peterson NWDC: no issues for discussion
Village Farms 1/30/25, Shane Pennington, Naples Florida, Judge states concerns with Dr. Harlow as an expert witness on abuse potential and medical use. Mr. Pennington asked about cross examination on both sides and the judge reiterated no, only opposing sides for a cross examination, however, You CANNOT cross the Government! Mulrooney begins mentioning different cases referencing how the judge has no authority to issue an order for discovery but can issue a subpoena.
National Cannabis Industry Association 1/29/25, Mr. Cosia, New Jersey and Sacramento California, judge admired the package put together by the attorney and requested an affidavit for Miss Mitchell’s acceptable medical use and lesser harms for addiction testimony.
Veterans’ Initiative 22 2/5/25, represented by Scheril Murray-Powell, Esquire on a consolidation with Shawn Houser and Timothy Swane out of Florida. Judge requested to limit the affidavits submitted to highlight the most significant evidence because he has no opinion on whether cannabis is good or bad. Scheril brought attention to the holistic and spiritual practices of veterans and how religious freedoms are in violation with this prohibition. Judge commended them on their work.
Cannabis Bio Science International Holdings 1/23/25, representing himself Mr. Macuso out of Houston Texas. Judge was concerned by not receiving the pre hearing information requested and asked for it to be submitted by the homework due date. Witness stated he sent 78 pages over and apologized to the judge for it being missing.
THE ANTI RESCHEDULE:
Cannabis Industry Victims Educating Litigators 2/27/25, requested 150 minutes, but the Judge denied the request.
State of Nebraska 2/25/25, represented by the Deputy Solicitor General.
Community Anti Drug Coalition of America 2/26/25, New Jersey representing National Drug and Alcohol Screening 3/5/25, and 2 doctors Dr. Finn and Dr. Drum 3/6/25. One witness is extremely passionate in his approach stating his sister was murdered by someone using cannabis. Judge reiterated that only expert scientific research is accepted, not opinions.
Tennessee Bureau of Investigations 2/18/25, Reed Smith will call 1 witness who is an expert on Law Enforcement and Tactics.
International Association of Chief of Police 2/19/25, Virginia
Drug Enforcement Association of Federal Narcotics Agents 2/20/25
Gravel to the bench All Rise Judge Mulrooney exits and we are free to leave.
I hadn't noticed Scheril Murray Powell Esq until she spoke at the hearing. Afterward, I waited to greet her with a hug, acknowledging both her and my presence as a witness to history in the making. As one of only two attorneys present at the hearing, I observed the joy shared between the two lawyers as they congratulated each other and recognized the significance of their roles as spokespeople for our community and culture. I asked her if it would be okay to send questions to her inbox to follow up on what had just happened.
Q&A with Scheril Murray Powell, Esq.
LS: What's the name of your practice and who are you partnering with for this hearing?
SMP- I am with Doumar, Allsworth et Al./SMP Law
LS: How did you come to represent Veterans Initiative 22?
SMP- I have been a long time supporter of Veterans access to Cannabis initiatives. I was General Counsel for Buds for Vets in Florida, I am in the cast of Steve Elmore's documentary on Amazon prime "Unprescribed", and when I was General Counsel for Minorities 4 Medical Marijuana, I worked with Roz McCarthy on the diversity language which included Veterans and is still a part of the Statute today.
Veteran Initiative 22's Founder Eryck Stamper and I have been friends for many years and I have empathized with his battle to ensure that Veterans are included in all cannabis access points and licensing. I met current VI22 Executive Director Shanetha Marbles-Lewis about a year ago and was immediately impressed with her passion for the Veteran Community, her cannabis research knowledge as a graduate of the University of Maryland School of Pharmacy, and the awareness of the intersectionality of veterans which causes varied harm and varied experiences.
LS: Can you elaborate on the importance of Veterans' and Citizens' Religious and Spiritual Freedoms and how they have been violated when it comes to Cannabis Prohibition?
SMP- Absolutely! It is important to recognize that Veterans are not a monolith. They come from varied backgrounds, ethnicities, and faiths. This is what the intersectionality of humanity is all about. American Indian veterans have the highest record of service of any ethnic group per Capita and for them, Cannabis is a sacred plant. Similarly for Rastafari and some Hindu Veterans, cannabis is a holy sacrament with attached ceremonies for its production and consumption.
Due to the Schedule 1 status of Cannabis, these faith-based users of Cannabis are denied their religious freedom and United Nations culturally protected right to practice their faith including Sacramental use because of the fear of sanctions such as dishonorable discharge and loss of veteran benefits.
In addition, upon their return home, Black and Brown veterans including Rastafari faith-based users have experienced disparate treatment by law enforcement and the justice system. The issues of Veteran suicides and PTSD are tied to the intersection of the Veteran community.
For example, American Indian and Alaskan Native community members have a higher incidence of suicide per Capita, which when augmented by the Veteran Community Suicide risk is extremely problematic and is a wellness crisis.
Cannabis has been used for faith-based and medicinal purposes for millennia and the decision to serve your country should not cause you to sever your relationship with your faith-based practices.
This is a human rights and civil rights violation that has gone unrecognized during and post-prohibition.
LS: Do you feel you can plead your case to sway Judge Mulrooney without all the affidavits you'll have submitted?
SMP- I can't discuss our legal strategy at this time.
LS: What is your overall feeling after the hearing yesterday?
SMP- I can't discuss our legal strategy at this time
I attempted to interview the State of Nebraska, but they referred me to their media email. I chose not to follow up, as that individual wouldn’t have been able to capture the vibe of the hearing that day. One of the opposing Drs. showed no interest in answering my questions.
I did manage to send a few questions to Shanetha from the Veterans POV, here are her answers.
Q&A with Shanetha Marable-Lewis, MS
LS: May I have your name and title?
SML: Shanetha Marable - Lewis, MS - Executive Director of Veterans Initiative 22
LS: How did you come to be chosen as a witness for this hearing?
SML: I was following the proceedings and like many others VI22 submitted a public comment stating our support of the reschedule, and then subsequently I filed a notice to appear. A few weeks later I received an email and letter that stated VI22 was selected as a Designated Participant in the proceedings?
LS: What is the ask from Veterans' Initiative 22?
SML: Our ask is for safe and affordable access to medical cannabis for Veterans, for more research on the various disorders that primarily affect the veteran population, and for common sense patient-first legislation. Stated simply Cannabis is medicine and it saves the lives of US Veterans every second of every day. This is the reason our organization was formed, as VI22 is named after and in honor of the 22 veterans previously estimated to die by suicide every day.
LS: Which option would you prefer Reschedule to Level 3 or Deschedule and why?
SML: In a more perfect world we would prefer that cannabis either be descheduled or Schedule VI. We know that cannabis is a unique and robust full-plant botanical medicine that should more accurately be placed into its own schedule.
LS: How do you feel after yesterday's pre-hearing?
SML: I believe it went well for those of us who are pro rescheduling, I was pleased that the judge ordered the Government to submit their complete list of documentary evidence, and of course I was proud that the judge complimented our organizations and the work that we tirelessly perform for the veteran community.
LS: Anything else you would like to add you may do so here:
SML: I just want to say that our organization is proud to have been selected, and personally I was disheartened that no minority, Indigenous, or other veteran-focused orgs like the VAC were selected as well. As a woman of color, I know firsthand how the war on drugs decimated our community, and for there to be no representation of minority-centric organizations in this proceedings I believe is a grave injustice.
This by far is history in the making and I am beyond proud of myself with the support of Dustin and Fat Nugs Magazine to be here for this day and hopefully more hearing dates. Within those 3 hours I did not hear one mention of removing Cannabis/Marijuana off all schedules. I am hopeful DESCHEDULE will make its appearance!
I’ll conclude this article by emphasizing the importance of recognizing spiritual consumers, veterans’ access and reminding everyone: the demand is to deschedule, not reschedule!!
