The Drug Enforcement Administration (DEA) kicks off hearings today that could reshape federal cannabis policy for years to come. The government moved state-legal medical marijuana from Schedule I to Schedule III earlier this year. Now, the feds are poised to debate whether all cannabis (i.e., adult-use) should be reclassified as well.
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Wondering what the hearings mean — and what comes next? Here’s what you should know.
The DEA will argue in favor of rescheduling
Several designated “interested parties” will testify during the hearings. However, all of the designated outside participants selected to testify oppose cannabis reform.
Federal law limits “interested party” status to those who are “adversely affected or aggrieved” by a proposed rule change. Those parties include Smart Approaches to Marijuana (SAM) and the National Drug & Alcohol Screening Association, both of which oppose reclassifying the plant.
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So who’s making the case for cannabis rescheduling? The DEA itself. Although the agency has historically opposed cannabis reform, it is responsible for presenting the government’s proposed rule during the hearings.
For those who are concerned the agency won’t give rescheduling a fair shot, there is some good news: the DEA plans to call at least one witness to speak on the potential benefits of medical cannabis.
The revolution won’t be televised
While the DEA hearings are of great interest to people on both sides of the debate, they won’t get a chance to tune in. Despite requests from both media and lawmakers, the hearings will not be livestreamed.
It’s a departure from previous proceedings on the rescheduling debate. Industry groups, journalists, and some lawmakers have criticized the decision and have pushed the DEA to reverse course. Marijuana Moment has led a campaign to allow livestreaming, with Congressman Steve Cohen (D-TN) adding his voice to the call.
“When undertaking a similar effort, your agency allowed the proceedings to be livestreamed because of ‘the public interest in this matter’ and followed from your agency’s ‘commitment to conducting a transparent proceeding,’” Cohen wrote in a letter to DEA Administrator Terrance Cole.
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People seeking the latest on the DEA cannabis hearings will have to follow media coverage as it becomes available. The agency has committed to making a full transcript of the proceedings available once complete.
A final decision could be months away
The hearings are expected to conclude by July 15, but a final decision is likely still weeks or months away. After the hearings conclude, the administrative law judge will review the testimony, public comments, and evidence before issuing a recommendation.
That means a final determination on the proposal could still be months away.
The hearings represent one of the most consequential federal cannabis policy proceedings in decades. While access to what’s said in the courtroom is limited, the reporting from Virginia will no doubt be fascinating.
