Hearing to Reclassify Marijuana as a Schedule III Controlled Substance Delayed

By ASAP Staff

The Drug Enforcement Administration’s (DEA) efforts to act on the Biden administration’s marijuana rescheduling proposal will be delayed until sometime in 2025. A hearing was most recently scheduled for December 2, 2024. While this meeting will be held[i], the opportunity to hear from witnesses has been delayed by order of Chief Administrative Law Judge (ALJ) John Mulrooney, who issued a preliminary order on October 31 because information provided for a list of 25 witnesses set to testify was insufficient.

This is a setback for advocates and stakeholders who had hoped the rule would be finalized in 2024 before the presidential inauguration date of January 20, 2025.

According to an article on the DEA’s website:

“On Oct. 6, 2022, President Biden asked the Attorney General and the Secretary of Health and Human Services (HHS) to launch a scientific review of how marijuana is scheduled under federal law. After receiving HHS’s recommendations last August, the Attorney General sought the legal advice of the Justice Department’s Office of Legal Counsel (OLC) on questions relevant to this rulemaking. In light of HHS’ medical and scientific determinations, and OLC’s legal advice, the Attorney General exercised his authority under the law to initiate the rulemaking process to transfer marijuana to schedule III.”[ii]

The list of hearing participants sent to the ALJ’s office provided “no indication in the four corners of the document as to whether the ‘participants’ support or oppose the [proposed rescheduling] or how the ‘participants’ satisfy the ‘interested person’ definition set forth in the regulations,” the judge’s order says.

The proposed witnesses[iii] include the following:

• Village Farms International, represented by Shane Pennington of Porter Wright
• National Cannabis Industry Association, represented by CEO Aaron Smith and Director of Government Relations Michelle Rutter Friberg
• American Academy of Hospice and Palliative Medicine, represented by Dr. Chad Kollas
• Cannabis Biosciences International Holdings, represented by Director and Treasurer John Jones
• Hemp for Victory, represented by Robert Head, Dr. Corey Burchman, Dr. Darinia Douchi and Victor Bohm
• State of Connecticut Office of Cannabis Ombudsman, represented by Erin Gorman Kirk
• Massachusetts Cannabis Advisory Board, represented by Research Subcommittee Chair Ellen Brown
• Veterans Initiative 22, represented by Executive Director Shanetha Lewis
• The Doc App (d/b/a My Florida Green), represented by President and CEO Nicholas Garulay and in-house counsel Jason Castro.
• The Commonwealth Project, represented by Katy Green
• Michael’s College, represented by Psychology Professor Ari Kirshenbaum
• National Drug and Alcohol Screening Association, represented by Jo McGuire
• Smart Approaches to Marijuana, represented by Patrick Philbin
• International Academy on the Science and Impact of Cannabis, represented by Roneet Lev
• Cannabis Industry Victims Educating Litigators, represented by Senior Counsel David Evans
• Kenneth Finn (of Colorado Pain Institute)
• National Transportation Safety Board, represented by Chair Jennifer Homendy
• Phillip Drum, Pharm D.
• State of Nebraska, represented by Attorney General Mike Hilgers
• International Association of the Chiefs of Police
• Drug Enforcement Administration of Federal Narcotics Agents, represented by Agent in Charge Marshall Fisher
• American College of Occupational and Environmental Medicine, represented by Natalie P. Hartenbaum
• Community Anti-Drug Coalitions of America, represented by Public Policy Consultant Sue Thau
• Tennessee Bureau of Investigation, represented by Kim Litman
• National Sheriffs’ Association, represented by Director of Government Affairs Yesim Karaman and Collin County Sheriff Jim Skinner (Texas)

For more information, please visit https://public-inspection.federalregister.gov/2024-19370.pdf

 

[i]DEA rescheduling hearing gets pushed back over witness list. November 1, 2025. Green Market Report.

https://www.greenmarketreport.com/dea-formal-hearing-gets-pushed-back-over-witness-list/

[ii] Justice Department Submits Proposed Regulation to Reschedule Marijuana. May 16, 2024. https://www.justice.gov/opa/pr/justice-department-submits-proposed-regulation-reschedule-marijuana

[iii] DEA Names 25 Participants for Cannabis Rescheduling Hearing That’s Now Delayed Until 2025. Cannabis Business Times. https://www.cannabisbusinesstimes.com/top-stories/news/15707314/dea-names-25-participants-for-cannabis-rescheduling-hearing-thats-now-delayed-until-2025

https://www.greenmarketreport.com/dea-formal-hearing-gets-pushed-back-over-witness-list/