The Drug Enforcement Administration (DEA) initiated its first hearing on Monday, December 2nd, 2024, to deliberate on the Biden administration’s proposal to reclassify marijuana from Schedule I to Schedule III under the Controlled Substances Act (CSA).
The DEA advisory released on November 26th outlined the primary objective of this initial meeting: to establish the procedural framework necessary for a comprehensive evaluation of the proposed rescheduling.
While this inaugural session is largely procedural, it marks a significant step towards a series of substantive discussions planned for 2025. These future hearings could potentially reshape the regulatory landscape of cannabis in the United States.
A Procedural Foundation for Future Reform
The meeting, convened at DEA headquarters in Arlington, Virginia, is not designed to take witness testimony. Instead, it focuses on logistical considerations such as scheduling future evidentiary hearings and establishing the legal framework for these proceedings. The judge will question witnesses proposed by various representatives, particularly those deemed “experts” in the field.
In-person attendance is limited to designated participants and pre-approved media representatives. The public can access the hearing via a livestream on the DEA’s website.
Implications of Rescheduling
A reclassification of cannabis to Schedule III would represent a monumental shift in federal drug policy. Currently categorized as a Schedule I substance alongside heroin and LSD, cannabis would join substances with a moderate to low potential for addiction and accepted medical use. This would acknowledge the potential medical benefits of cannabis while maintaining some level of federal regulation.
Key implications of this change include:
Tax Benefits: Cannabis businesses could potentially claim federal tax deductions under IRS Section 280E, significantly reducing their financial burden.
Research Advancement: The reclassification would facilitate expanded scientific research by easing regulatory barriers and increasing access to cannabis for research purposes.
Continued Regulation: While the reclassification would loosen some restrictions, certain criminal prohibitions and regulations on cannabis production and distribution would remain in place.
It’s important to note that this proposal falls short of full federal legalization, which would eliminate most federal restrictions on cannabis cultivation, distribution, and possession.
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 list of participants in the Hearing. The same lawyer represents them all.
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
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