Final Order goes into effect, but DEA review of Motions to Reconsider still Pending

 May 1, 2009, was the effective date of DEA’s final ruling rejecting Prof. Craker’s license. However, we have still heard nothing from DEA in response to Prof. Craker’s Motion to Reconsider.  Based on conversations between Allen Hopper, Prof. Craker’s ACLU attorney, and Teresa Wallbaum, Acting Deputy Chief for Policy and Appeals, US Department of Justice, Criminal Division, Narcotic and Dangerous Drug Section, and also additional conversations between Senator Durbin’s staff and DEA officials, we have learned that DEA review of the Motion to Reconsider is still pending and that DEA intends to issue a written order adjudicating the Motion. We also learned that it is not rare for Motions to Reconsider, like the one filed here, to be resolved even after so-called “final orders” have become “effective.”  In other words, there is still some possibility that DEA may grant in part or in whole the still-pending Motion to Reconsider, which could significantly change the “final” order.