Cannabis Business Times says that this week, the DEA held its long-awaited Administrative Hearing on reclassifying cannabis to Schedule III.
According to the report DEA lawyer James Schwartz informed the tribunal the government will only call two witnesses to support the proposed rule, a physician and a scientist.
Some advocates questioned whether the agency had stacked the deck in favor of its rule by not inviting any pro-rescheduling party, while other supporters interpreted it to be consistent with Trump’s directive to speed up the rulemaking process.
Writing in an op-ed for Marijuana Moment, Cat Packer of the Drug Policy Alliance offered a firsthand account that details this point: her organization sought to participate as an interested party and was denied, along with requests from groups including NORML, Marijuana Policy Project, Cannabis Regulators of Color Coalition, Latino Cannabis Alliance, Law Enforcement Action Partnership, Doctors for Drug Policy Reform, the Parabola Center for Law & Policy, Supernova Women and Students for Sensible Drug Policy. Packer stated that all seven of the parties DEA designated to be present share one commonality: they are against rescheduling. There was limited public access to the hearing, since there were no audio, video, or livestream feeds.
Schwartz of the DEA reportedly said that it was important to note that the hearing wasn’t about recreational or legal use, but about cannabis having a “currently acknowledged medical use.” If cannabis is accepted for any medical reason, the CSA will not allow it to remain in Schedule I. First, FDA scientist Dominic Chiapperino testified in court that the review of his team supports the placement of cannabis under Schedule III. Second government witness Dr. Corey Burchman testified on his experience in helping patients switch from opioids and cannabis to discuss the risks associated with each.
In 2023, the federal initiative to reclassify marijuana began during the Biden Administration after a HHS report determined that cannabis was accepted as a medical treatment for many conditions. The Trump administration expedited this process after numerous delays by issuing an executive order that directed the agency to proceed with the proceedings. The hearing, which began on June 29, is expected to last two weeks. It will include testimony and interrogations through the middle of July and a conclusion no later that July 15,
Although moving cannabis to Schedule III could remove financial obstacles for state-legal cannabis products, it wouldn’t legalize cannabis at the federal level, create a marketplace or offer any relief to people who are currently in prison on cannabis charges. It will not also end federal criminalization. Nor will it resolve the conflict that exists between federal and State law. Or build the comprehensive regulatory structure the country requires.
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