DEA Schedules Historic Hearing on Marijuana Rescheduling, Involving Industry Experts

The U.S. Drug Enforcement Administration (DEA) has reached out to 25 “designated participants” to testify at a groundbreaking hearing on December 2, 2024, concerning the potential rescheduling of marijuana under the Controlled Substances Act (CSA), according to documents obtained by MJBizDaily.

This hearing is a pivotal step in determining whether marijuana can be moved from its current classification as a Schedule 1 substance, reserved for drugs with no accepted medical use and a high potential for abuse, to Schedule 3, which would recognize potential medical applications and reduce regulatory burdens. The decision to initiate this process was ordered by DEA Administrator Anne Milgram, who directed the matter to be reviewed by an administrative law judge.

The 25 participants are set to appear before DEA Chief Administrative Law Judge John Mulrooney II, who has held this position since 2009. A letter from Milgram, dated October 28, instructed these individuals to prepare availability dates for January and February 2025 for follow-up proceedings, signaling that the process will extend into the next year.

One of the prominent voices in the drug policy and testing field, Jo McGuire, the Executive Director of the National Drug and Alcohol Screening Association (NDASA), is expected to provide critical insights during this process. McGuire, known for her expertise on workplace drug testing policies and the implications of marijuana legalization, has frequently advocated for clarity and consistency in marijuana regulation, especially as it impacts safety-sensitive industries.

The timing of the hearing, occurring just weeks before President Joe Biden’s departure from office on January 20, 2025, strongly suggests that marijuana will likely remain a Schedule 1 substance until the next administration. This leaves the final decision on rescheduling to the incoming president and Congress, adding a layer of political uncertainty to the future of federal marijuana policy.

Stakeholders in the cannabis industry and policymakers alike are closely watching this unprecedented hearing, as it could have significant implications for federal marijuana regulation, public health, and the burgeoning cannabis economy.