Marijuana Rescheduling Update – August 28, 2004
Marijuana Moment has posted that the DEA has scheduled a hearing to discuss different expert opinions on the Justice Department’s proposal to change the federal classification of marijuana. This hearing is scheduled in December and is an additional step that will occur after the November election.
In March, the DOJ moved to reclassify marijuana as a Schedule III drug under the Controlled Substances Act (CSA) and opened a 60-day public comment period, receiving over 40,000 submissions. After reviewing the comments, the DEA agreed to hold an administrative hearing requested by several supporters and opponents of the reform. The hearing is set for December 2, according to a notice that will be published in the Federal Register on Thursday.
Advocates and stakeholders had hoped the DEA would skip this step and move directly to final rulemaking, but the agency often schedules hearings for proposals of significant public interest. Changing the classification of cannabis for the first time in over 50 years met that standard. However, this hearing adds some uncertainty to the timeline for rescheduling. There are concerns that the rulemaking process may not be completed before January, which could mean an administrative shift after the November election that might affect the rescheduling process.
The DEA’s filing notes that if marijuana is moved to Schedule III, the same regulatory controls for Schedule III drugs will apply, along with existing marijuana-specific requirements and any additional controls needed to meet U.S. treaty obligations.
If marijuana is reclassified to Schedule III, the manufacture, distribution, dispensing, and possession of marijuana will remain under the criminal prohibitions of the CSA. Any drugs containing marijuana would also remain subject to federal prohibitions under the Federal Food, Drug, and Cosmetic Act (FDCA).
The DEA also outlined the next steps in the process. Parties that may be “adversely affected or aggrieved” by the policy change must submit a notice of intent to participate in the hearing within 30 days of the formal publication. DEA Administrator Anne Milgram, who did not sign the initial proposed rescheduling rule, will assess the notices and determine the participants.
Milgram stated that she would designate a presiding officer for the hearing. This officer will have the authority to conduct a fair hearing, avoid delays, and maintain order.
The DEA has indicated that more information is needed on several topics related to the scientific review of marijuana that led to the reclassification recommendation. Some see the scheduling of the hearing as evidence of DEA skepticism.
In Congress, many lawmakers have shared their views on the proposed reform with the DEA and DOJ since the Schedule III announcement. For example, Sen. Chuck Grassley (R-IA) raised concerns about the Biden administration’s justification for recommending marijuana rescheduling, demanding answers from federal agencies about their decision-making process.
Top Democratic senators, including Senate Majority Leader Chuck Schumer (D-NY), sent a letter urging the agencies to “promptly finalize” the rule to reschedule marijuana.
While rescheduling would remove certain research barriers and allow state-licensed cannabis businesses to take federal tax deductions under the IRS code known as 280E, it would not federally legalize marijuana, as highlighted in multiple reports by the Congressional Research Service (CRS).
Meanwhile, two additional GOP lawmakers have joined their colleagues in challenging the “unusual” process that led the Biden administration to propose rescheduling marijuana. They expressed concerns about the review process and demanded answers.
Rep. Doug LaMalfa (R-CA) condemned the Biden administration’s push to reclassify marijuana and legislative efforts to enact bipartisan cannabis banking reform, arguing that these policy changes would support an “immoral industry.”
Sen. Bill Cassidy (R-LA) criticized the administration over repeated refusals from federal agencies to brief Congress on its plans and justification for rescheduling marijuana, suggesting that the proposed policy change might be politically motivated.
Additionally, 25 GOP lawmakers sent a public comment letter in July opposing the administration’s planned rescheduling of marijuana, alleging that the recommendation was based on politics rather than science.
At the Republican National Committee convention last month, several GOP lawmakers shared their views on how cannabis policy issues, such as rescheduling, could be impacted if former President Donald Trump wins the November election. Opinions were mixed on what they would like to see happen.
Rep. Andy Harris (R-MD) stated at the event that he doesn’t care whether rolling back the Biden administration’s marijuana rescheduling move under a potential Trump presidency would hurt the Republican party, prioritizing public health concerns instead.
Bipartisan congressional lawmakers are seeking to remove a controversial section of a spending bill that would block the Justice Department from rescheduling marijuana, one of several cannabis- and psychedelics-related amendments to appropriations legislation.
GOP senators have also tried to block the administration from rescheduling cannabis through a standalone bill filed last September, but that proposal has not received a hearing or vote.
In a public comment on the proposed rule, a group representing state-level cannabis regulators recently called on the Biden administration and DEA administrator to clarify how rescheduling marijuana would affect federal enforcement priorities and interactions with jurisdictions that regulate cannabis products.
Recent polls show widespread majority support for marijuana legalization, rescheduling, and cannabis industry banking access among likely voters in key presidential battleground states like Michigan, Pennsylvania, and Wisconsin.
For additional information on the DEA Rescheduling of Marijuana from Schedule I to Schedule III, please stay tuned to this blog post by going to Blog . We will update any major findings with the Rescheduling process. You may also find additional information at National Drug and Alcohol Screening Association www.NDASA.com
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