DEA Begins Selecting Witnesses For Marijuana Rescheduling Hearing, Inviting Industry Stakeholders And Prohibitionists To Testify

The Drug Enforcement Administration (DEA) has started selecting witnesses to participate in a much-anticipated hearing on the Biden administration’s proposal to federally reschedule marijuana that’s scheduled for December, Marijuana Moment has learned.

This comes about seven months after the Justice Department formally proposed moving cannabis from Schedule I to Schedule III of the Controlled Substances Act (CSA) following a scientific review. After a public comment period, which saw tens of thousands of people weigh in on the issue, a hearing was set for December 2 to gather additional expert input.

With just over a month until that hearing, several witnesses have now been notified about their selection by DEA. They include at least one top cannabis industry organization, a drug testing association and two prohibitionist groups.

The National Cannabis Industry Association (NCIA) is among those that received a notice from DEA this week that their request to participate in the hearing has been granted.

A source familiar with the administrative proceedings told Marijuana Moment that anti-cannabis groups Smart Approaches to Marijuana (SAM), Community Anti-Drug Coalitions of America (CADCA) and National Drug & Alcohol Screening Association (NDASA) have also received notices granting their requests.

“This is in response to your request to the Drug Enforcement Administration for a hearing or to participate regarding the notice of proposed rulemaking to transfer marijuana from schedule I of the Controlled Substances Act (CSA) to schedule III of the CSA,” DEA Administrator Anne Milgram said, according to an email shared with Marijuana Moment.

“Upon review, DEA grants your request. The hearing will be conducted pursuant to the provisions of 5 U.S.C. 556 and 557, and 21 CFR 1308.41-1308.45, and 1316.41-1316.68. Further information regarding the hearing and your participation will be provided by the Administrative Law Judge designated to preside over the hearing.”

Aaron Smith, executive director of NCIA, told Marijuana Moment on Tuesday that “we look forward to making sure that the independent small businesses that make up the heart of the cannabis industry have a seat at the table at this hearing and we’re proud to be able to participate.”

“Cannabis obviously doesn’t belong in Scheduled I, given the enormous evidence of medical efficacy and lower potential for abuse, and moving this out of the Controlled Substances Act is the right long-term move,” he said. “But in the short-term, taking up the recommendation to move to Schedule III makes great sense for the country and for the industry—but also needs to come with some guidance to federal agencies to ensure that state-licensed businesses can continue to operate under their state programs without federal interference.”

Marijuana Moment reached out to DEA for clarification on the complete list of witnesses who were invited, but a representative was not able to immediately comment.

It’s not clear how many witnesses DEA selected of the many who submitted requests ahead of the hearing, nor it is apparent whether the agency plans to continue granting requests on a rolling basis in the coming weeks. Representatives of major pro-marijuana organizations such as NORML and the Marijuana Policy Project (MPP) said they have not yet received a response on their requests to participate as of Tuesday afternoon.

While some advocates and stakeholders had hoped that DEA would avoid the additional step of holding an administrative hearing and simply move to final rulemaking, the agency has often scheduled hearings for regulatory proposals of major public interest. And rescheduling cannabis for the first time since it was designated as Schedule I over 50 years ago met that standard.

That said, the hearing has added some uncertainty about the potential rescheduling timeline. There are some concerns this December hearing means the rulemaking process will not be completed before January, which could mean an administrative changeup after the November election that theoretically could affect the rescheduling process.

DEA has already made clear that it feels additional information is needed on a number of topics related to the scientific review into marijuana that led to the reclassification recommendation. Some view the scheduling of the hearing as more evidence of DEA skepticism.

For what it’s worth, Vice President Kamala Harris, the Democratic presidential nominee, says part of the reason for the delay in the administration’s marijuana rescheduling effort is federal bureaucracy that “slows things down,” including at DEA.

In March, Harris also expressed some frustration with the bureaucratic process of rescheduling marijuana, prior to DOJ’s formal recommendation, calling on DEA to expediently finish the job.

While the Biden-Harris administration facilitated the review that led to the DOJ rescheduling proposal, former President Donald Trump, the GOP presidential nominee, has also voiced support for the reform. And in a historic first for the U.S. both he and Harris are aligned in their support for cannabis legalization.

Read DEA’s letter granting participation in the marijuana rescheduling hearing below: 

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Photo courtesy of Mike Latimer.