DEA finally released its final rules establishing new regulations for the registration of additional growers of marijuana for research. This one is personal for me. As I'll explain below, these rules come on the heels of a couple of important and hard-earned pro bono victories Matt Zorn and I obtained in our long-standing battle against DEA/DOJ on behalf of Scottsdale Research Institute and Dr. Sue Sisley.
DEA issued the Notice of Proposed Rulemaking on March 23, 2020, to moot the mandamus petition Matthew Zorn and I brought in the D.C. Circuit against DEA and DOJ on behalf of one of the applicants seeking to grow marijuana for that research: Scottsdale Research Institute and Dr. Suzanne Sisley. But because the proposed rules were based on a secret OLC Opinion that DEA and DOJ had refused to share with Congress or the public, there was no way for us to participate in the notice and comment process intelligently.
To fix that problem, Matthew Zorn and I sued DEA and DOJ again, this time under the Freedom of Information Act, to force DOJ to release the OLC Opinion. A week later, and to settle that lawsuit, DOJ did just that: https://www.justice.gov/olc/opinion/licensing-marijuana-cultivation-compliance-single-convention-narcotic-drugs.
More substantive comments later. Important reading.