Federal Cannabis Rescheduling Hearings Underway
December 3, 2024Hearings commenced this week with the DEA and advocates and opponents of a federal rescheduling for cannabis preparing to make their cases. At stake is cannabis’ place in the Controlled Substance Act, with the Biden administration and cannabis reform activists pushing for the drug to be moved from Schedule I—the most restrictive scheduling, where it sits alongside LSD and heroin—to Schedule III, alongside substances like testosterone and ketamine.
A move to Schedule III would not federally legalize cannabis but would be a major boon for the industry. If cannabis were Schedule III, cannabis operators would be able to take federal tax deductions, allowing America’s cannabis companies to operate more like typical businesses. In addition, research restrictions on cannabis would be reduced, allowing for companies and universities to investigate a wider range of cannabis’ potential benefits and harms.
Yesterday kicked off with a preliminary hearing focused on resolving what the DEA called “legal and logistical issues” as well as scheduling testimony for the future. During the preliminary hearing, Judge John Mulrooney pressed the DEA to present its list of evidence and exhibits ahead of the December 13 deadline. In addition, while scheduling testimony from the various participants, the judge indicated that he wanted to begin hearing testimony in mid-January.
Still unknown is the DEA’s actual position on rescheduling cannabis. The order directing the DEA to investigate the move was not signed by Anne Milgram, DEA Administrator, but by Attorney General Merrick Garland. The agency has not staked out a position clearly in favor or against rescheduling at this time. Also unresolved after day one are allegations of illegal communications between prohibitionist group Smart Approaches to Marijuana and the DEA. Judge Mulrooney expressed skepticism that recently filed Freedom of Information Act requests would uncover evidence of illegal communications, but said that he would review any requests and motions filed based on forthcoming information.—Shane English
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