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Hearing on DEA Rescheduling Closes after States’ own Witness Admits Regulation Reduces Crime

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The Drug Enforcement Administration’s (DEA) administrative hearing on cannabis rescheduling saw both sides make their closing arguments on Wednesday,  July 15, bringing the 17-day proceedings to a broadly positive close. 

Derek Julius (ALJ, Chief Administrative Law) has not yet made his recommendation. While a legal challenge is underway to the current order of rescheduling, it appears that the information before the judge now favours a shift to Schedule 3. 

It may have ended, but the struggle to reform cannabis laws in the US continues. 

Catch up on everything that’s happened so far…

It’s the final day

On 14th July the states of Nebraska and Idaho, the final of the designated seven participants, made their cases. They called Dr Deepak D’Souza of the Yale Centre for the Science of Cannabis and Cannabinoids and William Honsal, the Sheriff of Humboldt County in California.

D’Souza gave testimony about the link between cannabis use and schizophrenia, among other mental disorders. As was the case with other witnesses in opposition, D’Souza did not address the central question of the hearing, which is whether cannabis can be used medically under the Controlled Substances Act.

Honsal was called by states that were against the rescheduling of events to testify as an enforcement witness.

During a cross-examination conducted by Justice Department lawyers, Honsal informed the tribunal that cannabis in a legal, regulated form is a benefit to law enforcement. The majority of California marijuana diverted to states outside California comes from unlicensed sources. 

He was then in direct conflict with the pre-hearing statements he had filed for the states. In them, he linked the expansion of illicit markets to changes to marijuana laws. It also referred to organised crime groups that purchased Californian land to mass produce cannabis and distribute it interstate.

In the coverage of this article, it is made very clear that MEDCAN24The statement was, nevertheless, consistent with the majority of his public statements about cannabis. Ross Gordon is the policy director of Origins Council – an advocacy group that represents small growers in Northern California’s Emerald Triangle. MEDCAN24 that Honsal had for years ‘consistently made the point that legalisation of cannabis in California and in Humboldt County has reduced the size and scale of the illicit market, and also criminal activity associated with the illicit market.’ 

Honsal informed the Humboldt County Board of Supervisors in October 2019 that the illegal cannabis farms were decreasing. He stated, “This is what we consider a victory.”

He changed his messaging after becoming president of Northern California Coalition to Safeguard Communities. This nonprofit, which is funded by the Howard G. Buffett Foundation and spans multiple counties, receives its entire funding. The Humboldt County Sheriff’s Office in 2024 accepted a 334,615-dollar grant from the Northern California Coalition to Safeguard Communities, which will fund three staff members, equipment and training.

What’s next?

Julius’ order for post-hearing submissions was issued on 16 July. The deadline to submit optional briefs after the hearing is August 17. The submissions can be voluntary and up to 50-pages long. They may include arguments for closing arguments or any other issues raised during proceedings. 

This deadline also applies to corrections proposed to official transcripts. Julius reviews submissions before adopting a final list of corrections. A corrected transcript is then published on the DEA website. 

It was the first occasion that a public record was made available. The proceedings were not streamed live and the audience was restricted to 25 people. 

Julius did not indicate at the end of the hearing when he intended to issue his recommendation. The DEA Administrator Terry Cole will be the final agency decision maker and has no statutory time limit to take action on Julius’s report. According to the regulations, the parties have 20 calendar days to submit exceptions after Julius has submitted his report before Cole receives the entire record.

In the US Court of Appeals, DC Circuit, nine anti-rescheduling groups have already challenged the order of April 2026, which rescheduled immediately state-licensed medicinal cannabis into Schedule III. 

The most persuasive arguments against the ruling will be put to test in that court, regardless of what Cole decides.



The Drug Enforcement Administration’s (DEA) administrative hearing on cannabis rescheduling saw both sides make their closing arguments on Wednesday,  July 15, bringing the 17-day proceedings to a broadly positive close. 

The Chief Administrative Law judge (ALJ), Derek Julius, has yet to issue his recommendations. A consolidated legal challenge against the current rescheduling is also underway. However, from the evidence before him, it appears that the move to schedule III is in the judges’ favour. 

It may have ended, but the struggle to reform cannabis laws in the US continues. 

Catch up on everything that’s happened so far…

It’s the final day

On 14th July the states of Nebraska and Idaho, the final of the designated seven participants, made their cases. They called Dr Deepak D’Souza of the Yale Centre for the Science of Cannabis and Cannabinoids and William Honsal, the Sheriff of Humboldt County in California.

D’Souza gave testimony about cannabis’ links with mental disorders, such as Schizophrenia. His testimony, like that of several others, did not engage directly with the main question at the hearing. That is, whether cannabis was currently approved for medical use by the Controlled Substances Act.

Honsal was called by states that were against the rescheduling of events to testify as an enforcement witness.

During cross-examination, Honsal, an attorney with the Justice Department, told the tribunal, that regulated, legal cannabis was a good thing for law enforcement. According to Vicente LLP, the majority of California cannabis that is diverted into other states comes from sources that are not licensed or regulated. 

This was in contradiction to his pre-hearing submission, made on behalf of the states, in which he attributed the growth in the illegal market to the changes to cannabis laws and cited organised criminal groups in the US and abroad purchasing Californian properties to produce cannabis in large quantities for interstate distribution.

In the coverage of this article, it is made very clear that MEDCAN24The statement was, nevertheless, consistent with the majority of his public statements about cannabis. Ross Gordon, the director of policy at Origins Council – an advocacy group for small farmers in California’s Emerald Triangle – told MEDCAN24 that Honsal had for years ‘consistently made the point that legalisation of cannabis in California and in Humboldt County has reduced the size and scale of the illicit market, and also criminal activity associated with the illicit market.’ 

Honsal informed the Humboldt County Board of Supervisors in October 2019 that the illegal cannabis farms were decreasing. “That’s a victory,” said Honsal.

He changed his messaging after becoming president of Northern California Coalition to Safeguard Communities. This nonprofit, which is funded by the Howard G. Buffett Foundation and spans multiple counties, receives its entire funding. The Humboldt County Sheriff’s Office in 2024 accepted a 334,615-dollar grant from the Northern California Coalition to Safeguard Communities, which will fund three staff members, equipment and training.

What’s next?

Julius’ order for post-hearing submissions was issued on 16 July. The deadline to submit optional briefs after the hearing is August 17. The submissions can be voluntary and up to 50-pages long. They may include arguments for closing arguments or any other issues raised during proceedings. 

This deadline also applies to corrections proposed to official transcripts. Julius will then review the submissions, adopt a list of final corrections, and publish a corrected transcript on DEA’s website. 

This was the first public hearing to include a complete record of the proceedings. 

Julius did not indicate at the end of the hearing when he intended to issue his recommendation. Terry Cole, the DEA administrator who makes the final decision, has no statutory deadline for acting on Julius’s report. According to the regulations, the parties have 20 calendar days to submit exceptions after Julius has submitted his report before Cole receives the entire record.

In the US Court of Appeals, DC Circuit, nine anti-rescheduling groups have already challenged the order of April 2026, which rescheduled immediately state-licensed medicinal cannabis into Schedule III. 

The most persuasive arguments against the ruling will be put to test in that court, regardless of what Cole decides.

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