The First Hearing Commences Today on DEA Marijuana Rescheduling

Today marks the beginning of the Drug Enforcement Administration’s (DEA) first hearing on the Biden administration’s proposal to reclassify marijuana from Schedule I to Schedule III under the Controlled Substances Act (CSA). This initial session can be watched live here and is largely procedural, setting the stage for more detailed hearings anticipated next year.

At this stage the hearing is focused on legal and logistical issues and does not include witness testimony. The proposed reclassification would subject cannabis to Schedule III regulatory controls while maintaining existing marijuana-specific requirements and criminal prohibitions. The DEA has also noted that any drugs containing marijuana would remain regulated under the Federal Food, Drug, and Cosmetic Act.

While to potential finalization of the rescheduling would not federally legalize marijuana, it could provide significant benefits, such as allowing licensed cannabis businesses to claim federal tax deductions and reducing research barriers.

The U.S. Department of Health and Human Services (HHS), which conducted the scientific review informing the proposal, declined DEA’s request to provide witnesses for the hearings. The merit-based proceedings have been delayed to early 2025 after DEA failed to provide sufficient information about the 25 witnesses it plans to call.

Administrative Law Judge (ALJ) John Mulrooney denied a motion to exclude the DEA from the hearing but criticized the agency and a prohibitionist group over allegations of unlawful communications during the rulemaking process. A lawsuit has been filed against the DEA, alleging violations of public records laws and seeking disclosure of communications with Smart Approaches to Marijuana (SAM), a participant in the hearing.

Separately, Mulrooney rejected a veterans group’s petition to participate in the hearing, prompting the group to seek intervention from the U.S. Court of Appeals for the D.C. Circuit. The judge also denied a motion from a cannabis and psychedelics researcher to delay the proceedings, despite claims of witness-blocking by the agency.

Congressional reactions to the proposed rescheduling are mixed. While Democratic leaders, including Senate Majority Leader Chuck Schumer, have called for prompt action, Republican lawmakers have raised concerns about the process, alleging political motivations. For instance, Sen. Chuck Grassley questioned the rationale behind the rescheduling proposal, and Rep. Doug LaMalfa criticized it as supporting an “immoral industry.” Similarly, Sen. Bill Cassidy expressed frustration over federal agencies’ lack of transparency with Congress regarding the proposal.

As bureaucracy inevitably delays yet another legal proceeding, at least the start to the potential of federally rescheduling marijuana is underway.