What Happens To Rescheduling When The ALJ Judge Retired?
On the latest Trade to Black podcast, hosts Shadd Dales and Anthony Varrell welcomes American Trade Association President Michael Bronstein and top cannabis attorney Eric Berlin to unpack two major developments: a conservative THC policy shift emerging in Texas and the surprise news that Judge John Mulrooney has retired from the DEA’s ALJ hearing on cannabis rescheduling.
Bronstein kicks off with a deep dive into Texas, where recent legislative momentum and polling indicate a crackdown on synthetic cannabinoids like THCP and HHC, despite public support for broader cannabis reform. He predicts a likely outcome: banning synthetics and intoxicating hemp-derived products like THC-A flower and vapes, while allowing low-dose edibles and beverages. Anything stronger, he said, is likely to be pushed into Texas’s limited “Teacup” medical cannabis program—though that system remains underfunded and hard to access.
The discussion also explores why hemp industry players have failed to adequately educate lawmakers, with Bronstein noting both a lack of direct experience among legislators and political infighting muddying efforts to reach consensus. He emphasized that without better regulation, Texas could see a fractured market shaped more by public health fear than common sense policy.
Later, Berlin weighs in on the unexpected news that ALJ Judge Mulrooney retired, and its impact on the federal rescheduling of cannabis. He dismisses the conspiracy theories, suggesting Mulrooney’s exit was coincidental, and emphasized that the Biden administration has all the authority it needs under Section 811D of the CSA to move cannabis to Schedule III without any ALJ ruling or formal hearing. Berlin also clarifies that new DEA Administrator Terrence Cole’s priority list was about enforcement, not rescheduling—which is actually good news.
Both guests agreed: change is coming, but industry players need to prepare for more conservative and fragmented approaches in red states like Texas, while keeping a close eye on federal rescheduling, which could still come through executive action in the months ahead.
