Historic hearings on the potential rescheduling of marijuana under the Controlled Substances Act (CSA) are set to begin in mid-January 2025, led by John Mulrooney II, the DEA’s chief administrative law judge.
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These hearings will focus on whether cannabis should be moved from Schedule I—a classification reserved for substances deemed to have no accepted medical use and high potential for abuse—to Schedule III, which includes substances with moderate to low potential for abuse and accepted medical uses.
Hearing Overview
Schedule & Format:
Hearings will be held Tuesday through Thursday starting in mid-January.
Each of the 19 designated participants will have 90 minutes to present testimony, with opposing parties allowed up to 20 minutes for cross-examination.
Consolidated arguments may allow for up to 120 minutes with two witnesses.
Pre-Hearing Deadlines:
Additional filings are due Dec. 13, 2024.
Final preparatory documents are due Jan. 3, 2025.
Decision Timeline:
A ruling is not expected until after February 2025, following a thorough review of testimony and evidence.
Key Issues
Mulrooney emphasized that the hearings are not about the moral or societal value of marijuana but will focus narrowly on:
Addiction potential.
Medical efficacy.
Other specific criteria relevant to rescheduling under federal law.
He highlighted that evidence should be concise and impactful, discouraging submissions of extensive literature or books, stating, "I am not going to be reading anybody’s book."
Implications of Rescheduling
If marijuana is moved to Schedule III, the change would have significant ramifications for the U.S. cannabis industry, valued at $32 billion:
Medical Research: Rescheduling could ease restrictions on cannabis research, potentially unlocking further medical applications.
Tax Relief: State-legal cannabis businesses may gain relief from Section 280E of the federal tax code, which currently prohibits deductions for businesses dealing in Schedule I substances.
Reduced Stigma: A reclassification could shift public perception and encourage broader medical and legal acceptance.
What’s Next?
The hearings mark a pivotal step in cannabis policy reform, but the timeline remains uncertain. With testimony expected to last weeks and an extensive evidence review to follow, advocates and industry stakeholders may not see a decision until well into 2025. Regardless of the outcome, these hearings represent a critical moment in the ongoing debate over federal cannabis policy.
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