DEA to Hear Witness Testimonies on Cannabis Rescheduling in 2025
The Drug Enforcement Administration's (DEA) Administrative Law Judge John Mulrooney has scheduled witness testimony for the federal review of cannabis' classification under the Controlled Substances Act.
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The hearings are set to begin Tuesday, January 22, 2025, and will continue through the week of March 3rd, occurring every Tuesday, Wednesday, and Thursday.
Background: Rescheduling Proposal
The DEA is examining whether cannabis should be reclassified from Schedule I—the strictest category under federal law—to Schedule III, a designation that recognizes medical use and a lower potential for abuse. This rescheduling process was initiated by the Biden Administration in late 2022, following recommendations from the Department of Health and Human Services (HHS).
Schedule I Criteria: Substances must have no accepted medical use, a high potential for abuse, and lack accepted safety for use under medical supervision.
HHS Findings: In its 2023 report, HHS determined that cannabis has accepted medical use and poses a lower abuse risk, warranting a reevaluation of its current classification.
Hearing Details and Participants
DEA's Position: The DEA, the official proponent of the rescheduling proposal, will open testimony. However, its stance on championing or contesting the policy remains unclear. The agency has until mid-December to submit its evidence to the court.
Other Participants: A majority of the selected participants oppose the rescheduling effort, reflecting long-standing opposition to federal cannabis reform.
NORML’s Involvement: Although the National Organization for the Reform of Marijuana Laws (NORML) has historically been involved in cannabis rescheduling petitions, it was not chosen as a participant for this trial. However, in public comments submitted in July 2023, NORML supported HHS's findings, highlighting cannabis' medical use and relatively low abuse potential.
Implications of Rescheduling
A change from Schedule I to Schedule III would have significant consequences:
Medical Research: Easier access for researchers to study cannabis’ therapeutic potential.
Tax Relief: Cannabis businesses could benefit from exemptions to the 280E tax code, which prohibits Schedule I and II entities from deducting ordinary business expenses.
Legal and Regulatory Changes: Although Schedule III classification would not legalize cannabis federally, it could pave the way for broader reforms at the state and federal levels.
A Historical Struggle
This is the fifth administrative petition to review cannabis’ Schedule I status, the first dating back to 1972 when NORML filed the initial challenge. The rescheduling debate reflects a broader shift in public opinion, with increasing bipartisan support for cannabis reform.
Next Steps
The trial’s outcome will hinge on testimony from experts and stakeholders. If the DEA decides to adopt HHS’s recommendation, it could signal a pivotal shift in federal cannabis policy. However, the DEA retains the authority to reject the proposal despite HHS’s findings, underscoring the contentious nature of cannabis rescheduling.
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