The agency said it received "numerous requests" for such a hearing.
The U.S. Drug Enforcement Administration has scheduled a hearing on Dec. 2 for proposed rulemaking regarding the potential rescheduling of marijuana to Schedule III from Schedule I, thus ensuring that the process will not be completed before the presidential election in November.
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The hearing date could put the entire rescheduling process in peril. Should Vice President Kamala Harris lose to former President Donald Trump in November, he could halt the process when he takes office in January, given that Trump has not committed to finishing rescheduling or staked out much of a platform at all on cannabis reform.
For that reason, the exact timeframe of when rescheduling will be completed has been a hot button topic ever since President Joe Biden announced the initial move in 2022. Although Biden asked his administration to move “expeditiously” at the time, it took until April of this year for the Department of Justice to formally endorse the Schedule III proposal.
The DEA stated in a notice published on its website that the hearing is set for Dec. 2 at 9 a.m. Eastern time at 700 Army Navy Drive in Arlington, Virginia. Anyone wishing to participate or testify during the hearing must sign up in advance.
“DEA received numerous requests for a hearing,” the agency said in the notice. “The purpose of the hearing is to ‘receiv[e] factual evidence and expert opinion regarding’ whether marijuana should be transferred to schedule III of the list of controlled substances.”
TD Cowen Washington Research Group wrote in an note to members Tuesday morning that the DEA hearing news “likely leaves the final rescheduling decision to whomever wins in November. We believe both candidates are likely to let rescheduling advance, though we have more confidence in Kamala Harris than in Donald Trump.”
“Our view is that the decision means President Biden will be unable to reschedule cannabis before the inauguration,” the firm wrote. “By law, DEA must analyze all the testimony given at the hearing before it can act on the rescheduling. Failure to do so would leave rescheduling susceptible to legal challenge. Reviewing comments could take three months or longer. It could even push this process into late spring or summer.”
Still, cannabis industry stakeholders remained optimistic about rescheduling moving forward.
“A hearing was always a possibility, and we are prepared for it,” said Dutchie Vice President Bryan Barash, who also co-chairs the Coalition for Cannabis Scheduling Reform. “Members of our coalition have petitioned to participate in any hearing. Now that the Drug Enforcement Administration has granted one, we expect to have a seat at a table.”
“The Biden Administration’s review of cannabis has been expedited at every stage, and we remain optimistic that the proposed rule will be finalized this year,” Barash added.
Longtime cannabis industry attorney Brian Vicente said in a statement that “Law and science are on our side and if we get a fair hearing, we win.”
“We’ve waited 50 years for our day in court and can wait a few more months,” Vicente said. “This procedural hearing will allow advocates to showcase the data and fact that strongly support moving cannabis to Schedule III.”
David Craig, chief marketing officer at Nevada-based Illicit Gardens, gave voice to those who were hoping that rescheduling – the first major federal marijuana reform since cannabis was banned more than half a century ago – would be completed before the November election.
Craig said in a statement that while DEA’s hearing is “understandable,” it’s also “disappointing that reform will be delayed further.”
“Every day that passes without rescheduling is another day that businesses, patients, and advocates face unnecessary challenges. While I respect the process, the wait for much-needed change continues to be a burden on those who rely on it,” Craig said.
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