The Drug Enforcement Administration (DEA) has selected several witnesses to testify at a scheduled December 2 hearing regarding the Biden administration's proposal to reclassify cannabis from a Schedule I to a Schedule III controlled substance under the Controlled Substances Act (CSA).
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This move, which comes after extensive public commentary and scientific review, could have significant implications for the cannabis industry and federal law enforcement's approach to marijuana.
Notified witnesses include representatives from the National Cannabis Industry Association (NCIA), along with anti-cannabis groups such as Smart Approaches to Marijuana (SAM), Community Anti-Drug Coalitions of America (CADCA), and the National Drug & Alcohol Screening Association (NDASA). The DEA stated that these hearings will be conducted in compliance with federal procedural regulations, and further details about the hearing process and participants will be provided by the presiding Administrative Law Judge.
Aaron Smith, executive director of the NCIA, welcomed the chance to represent cannabis businesses, particularly smaller, independent companies, in discussions on the issue. Smith emphasized that while cannabis should ultimately be removed from the CSA altogether, shifting it to Schedule III would be a practical interim step, helping to ease federal restrictions on state-licensed businesses. He noted that clear federal guidance will be necessary to avoid interference with existing state programs.
Some advocacy groups like NORML and the Marijuana Policy Project (MPP) are still awaiting confirmation of their participation. The DEA’s choice to hold a hearing rather than proceeding with immediate rulemaking has introduced uncertainty into the timeline, particularly as some advocates hope the rescheduling will be finalized by early 2024. With an election year approaching, any administrative shifts could potentially impact the rescheduling process.
Vice President Kamala Harris recently pointed to federal bureaucracy, particularly at the DEA, as a reason for the delays in cannabis reform. She has publicly urged the DEA to expedite the process, highlighting frustrations with the agency's pace. Notably, both Harris and Republican presidential candidate Donald Trump have expressed support for cannabis reform—a rare point of agreement between the two.
This upcoming hearing signals a critical step in the administration's approach to cannabis, with significant implications for the industry, federal law, and future cannabis policy reform.
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