It’s been a long time coming, but the hearing for the proposed rescheduling of marijuana has finally been set. On January 21, 2025, the government will present its case, followed by 17 days of testimony from various state and organization representatives from the December 2, 2024, preliminary hearing. The hearing is a part of the ongoing proceedings related to the publication of a notice of proposed rulemaking (NPRM) issued by the Department of Justice seeking to move marijuana from Schedule I of the Controlled Substances Act to Schedule III.
On May 21, 2024, the Department of Justice proposed to transfer marijuana from Schedule I of the Controlled Substances Act (CSA) to Schedule III, based on the HHS views that marijuana has a currently accepted medical use and its abuse potential and level of physical or psychological dependence correlate to Schedule III. If the transfer to Schedule III is finalized, marijuana would be regulated as a Schedule III substance along with existing marijuana-specific requirements. Additionally, the manufacture, distribution, dispensing, and possession of marijuana would remain subject to the applicable criminal prohibitions of the CSA and the applicable prohibitions in the FD&C Act. Thus, placing marijuana in Schedule III would not legalize it, but it would enable research and allow federal tax deductions for licensed businesses.
The purpose of the December pre-hearing was to receive and clarify summaries of the factual evidence and expert opinion testimony that will be presented at the hearing, with presiding DEA Chief Administrative Law Judge John J. Mulrooney II, stating that the hearings are not intended to determine if marijuana is good or bad, but to present cases on its medical acceptability, addiction potential and overall classification in Schedule III vs. Schedule I. Noting that he has no opinion on it himself, he said, “Everybody has to get used to the idea that, however strongly held your beliefs are…you could be wrong.” He reiterated that whether marijuana is good or bad won’t factor into his determination, rather it is about “whether something’s going to move my needle one way or another.” Additionally, the pre-hearing addressed legal and logistical issues including determination of the parties’ dates of availability for the hearing. (A recording of the pre-hearing is available on YouTube.)
The hearing is scheduled to run through March 6, held Tuesday-Thursday each week, with a recess the week of February 11. It will be at the DEA Hearing Facility in Arlington, VA., with Judge Mulrooney presiding. In the hearing, each party will have 90 minutes to present testimony and can then provide a 10-minute closing argument or submit a brief (of no more than 25 pages) within 5 days.
Also following testimony, those on the pro side can cross-examine the anti side, and vice versa, for up to 20 minutes, but neither can cross-examine the government – whose “side” is not yet known.
Given all this, the earliest a decision could be made on the rescheduling would be March of 2025. But just how long that determination and/or actual rescheduling would take following the March 6 close of the hearing is anyone’s guess. But we, at HashTAG, will stay tuned to the proceedings and keep you informed!
