DEA LIVE Hearing On Marijuana Scheduling, What To Expect?

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.

Read Next: DEA Denies Allegations Of Colluding With Anti-Marijuana Group While Involved In Cannabis Rescheduling Process

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