The Drug Enforcement Administration (DEA) launched its inaugural hearing on Monday December 2, 2024, to address the Biden administration's proposal to reclassify marijuana from Schedule I to Schedule III under the Controlled Substances Act (CSA).
According to a DEA advisory released on November 26, the primary goal is to organize the procedural groundwork for addressing the merits of rescheduling.
While this initial meeting is procedural, it sets the stage for a series of substantive discussions slated for 2025 that could redefine the landscape of cannabis regulation in the United States.
A Procedural Step Towards Reform
The meeting, held at DEA headquarters in Arlington, Virginia, is not to take witness testimony but instead is focusing on logistical matters, including scheduling and legal frameworks for future evidentiary hearings. The judge will question Some witnesses proposed by representatives, particularly “experts.”
In-person attendance is restricted to designated participants and pre-approved media representatives, with public access available via a livestream on the DEA's website. You can follow the hearing via this link:
Implications Of Rescheduling
Reclassifying cannabis to Schedule III would mark a historic shift, as it is currently classified alongside drugs like heroin and LSD in Schedule I, reserved for substances with "no accepted medical use" and a high potential for abuse. A move to Schedule III would acknowledge potential medical benefits while maintaining regulation under the CSA.
Changes would include:
- Allow cannabis businesses to claim federal tax deductions under IRS Section 280E, alleviating a major financial burden.
- Facilitate expanded scientific research by easing regulatory barriers.
- Maintain certain criminal prohibitions and regulations on production and distribution.
Despite these advancements, the proposal stops short of full federal legalization.
Participants List
The upcoming hearings will involve testimonies from experts, stakeholders, representatives from advocacy groups and the cannabis industry. Also present is opposing group Smart Approach To Marijuana, which has been accused of engaging in ex parte communications with the DEA.
This is the final list of participants though some have consolidated their legal representations, meaning that the same lawyer will represent them.
- American Academy of Hospice and Palliative Medicine, represented by Dr. Chad Kollas
- American College of Occupational and Environmental Medicine, represented by Natalie P. Hartenbaum
- Cannabis Biosciences International Holdings, represented by Director and Treasurer John Jones
- Cannabis Industry Victims Educating Litigators, represented by Senior Counsel David Evans
- Community Anti-Drug Coalitions of America, represented by Public Policy Consultant Sue Thau
- Dr. Kenneth Finn (of Colorado Pain Institute)
- Drug Enforcement Administration of Federal Narcotics Agents, represented by Agent in Charge Marshall Fisher
- Hemp for Victory, represented by Robert Head, Dr. Corey Burchman, Dr. Darinia Douchi, and Victor Bohm
- International Academy on the Science and Impact of Cannabis, represented by Roneet Lev
- International Association of the Chiefs of Police
- Massachusetts Cannabis Advisory Board, represented by Research Subcommittee Chair Ellen Brown
- National Cannabis Industry Association, represented by CEO Aaron Smith and Director of Government Relations Michelle Rutter Friberg
- National Drug and Alcohol Screening Association, represented by Jo McGuire
- National Sheriffs' Association, represented by Director of Government Affairs Yesim Karaman and Collin County Sheriff Jim Skinner (Texas)
- National Transportation Safety Board, represented by Chair Jennifer Homendy
- Phillip Drum, Pharm D.Smart Approaches to Marijuana, represented by Patrick Philbin
- St. Michael's College, represented by Psychology Professor Ari Kirshenbaum
- State of Connecticut Office of Cannabis Ombudsman, represented by Erin Gorman Kirk
- State of Nebraska, represented by Attorney General Mike Hilgers
- Tennessee Bureau of Investigation, represented by Kim Litman
- The Commonwealth Project, represented by Katy Green
- The Doc App (d/b/a My Florida Green), represented by President and CEO Nicholas Garulay and in-house counsel Jason Castro
- Veterans Initiative 22, represented by Executive Director Shanetha Lewis
- Village Farms International, represented by Shane Pennington of Porter Wright
This list was criticized because of allegedly over-representing groups that are opposed to cannabis rescheduling and general legalization.
COVER: DEA Live stream
