DEA Prepares for Historic Marijuana Rescheduling Hearing: 25 Experts Selected to Weigh In

DEA Prepares for Historic Marijuana Rescheduling Hearing: 25 Experts Selected to Weigh In

The U.S. Drug Enforcement Administration (DEA) is moving forward with its plans to potentially reschedule marijuana, shifting it from a Schedule 1 to a Schedule 3 controlled substance. A Dec. 2 hearing will bring together 25 carefully selected experts, or “designated participants,” to testify in front of Chief Administrative Law Judge John Mulrooney II. This development could significantly alter the legal and financial landscape for cannabis operators across the U.S.

A Diverse Roster of Voices

The 25 participants represent a wide array of perspectives. Cannabis advocates, including the National Cannabis Industry Association, will share the stage with established opponents like Smart Approaches to Marijuana. Among the participants are:

  • Shane Pennington - Administrative law attorney representing Village Farms International
  • Aaron Smith - CEO of the National Cannabis Industry Association
  • Michelle Rutter Friberg - Chief lobbyist, National Cannabis Industry Association
  • Dr. Chad Kollas - Representative from the American Academy of Hospice and Palliative Medicine
  • John Jones - Treasurer and Director, Cannabis Biosciences International Holdings
  • Robert Head, Corey Burchman, Darinia Douchi, and Victor Bohm - Representatives from Hemp for Victory
  • Erin Gorman Kirk - Cannabis ombudsman for the state of Connecticut
  • Ellen Brown - Chair of the Massachusetts Cannabis Advisory Board’s research subcommittee
  • Shanetha Lewis - Executive Director, Veterans Initiative 22
  • Nicholas Garulay - President and CEO of The Doc App (My Florida Green)
  • Jason Castro - In-house counsel for The Doc App (My Florida Green)
  • Katy Green - Lobbyist with Platinum Advisors representing The Commonwealth Project
  • Ari Kirshenbaum - Professor of Psychology, Saint Michael’s College
  • Jo McGuire - National Drug and Alcohol Screening Association
  • Patrick Philbin - Representative of Smart Approaches to Marijuana
  • Dr. Roneet Lev - International Academy on the Science and Impact of Cannabis
  • David Evans Sr. - Counsel for Cannabis Industry Victims Educating Litigators
  • Dr. Kenneth Finn - Drug rehabilitation specialist
  • Jennifer Homendy - Chair of the National Transportation Safety Board
  • Dr. Phillip Drum - Doctor of Pharmacy
  • Mike Hilgers - Attorney General of Nebraska Representative - International Association of the Chiefs of Police (unnamed)
  • Marshall Fisher - Drug Enforcement Administration of Federal Narcotics Agents
  • Dr. Natalie Hartenbaum - American College of Occupational and Environmental Medicine
  • Sue Thau - Community Anti-Drug Coalitions of America
  • Kim Litman - Tennessee Bureau of Investigation National Sheriffs’ Association

These experts will provide nuanced insights into marijuana’s societal and medicinal impacts, as well as legal perspectives on rescheduling.

A Two-Year Journey Toward Reform

This hearing follows an extended two-year journey, starting with President Biden’s 2022 executive order to review marijuana’s federal classification. That directive led to an unprecedented recommendation from federal health regulators in 2023 to move marijuana to Schedule 3. Rescheduling would acknowledge cannabis’s “accepted medical use” and allow for new research avenues. However, the December hearing suggests that federal reclassification won’t be finalized until at least early 2025, leaving plant-touching businesses in a holding pattern.

What Rescheduling Means for Cannabis Businesses

Rescheduling cannabis to Schedule 3 would bring several positive changes, notably in tax policy. Under current rules, the tax code’s Section 280E prevents cannabis businesses from claiming typical deductions, a financial burden unique to Schedule 1 and 2 drugs. Shifting marijuana to Schedule 3 would relieve businesses from these harsh tax restrictions, potentially saving them millions annually and enabling further growth.

However, the delay may be frustrating for cannabis operators hoping for immediate relief. The rescheduling decision is scheduled just before President Biden’s term ends, suggesting a final decision could fall to the next administration.

Looking to Invest in Cannabis? Here’s What Rescheduling Could Mean for You

The rescheduling decision could represent a major shift for cannabis investors, reducing financial burdens on operators and paving the way for greater industry profitability. If you're interested in the potential financial impacts, check out my previous blog post, What Marijuana Rescheduling Means for Cannabis Investors , for a deeper dive.

A Politically Charged Process

Interestingly, both major presidential candidates, Kamala Harris and former President Trump support rescheduling, suggesting a bipartisan understanding of marijuana’s evolving role in society. This political alignment could help smooth the transition, but federal agencies remain cautious, as evidenced by the comprehensive, methodical nature of the rescheduling process.

As we await the outcome, the Dec. 2 hearing will likely offer new perspectives and insights that could influence the DEA’s final decision. For cannabis professionals, investors, and consumers, this historic hearing represents a pivotal moment that could redefine the industry’s legal standing in the U.S.

Follow the Journey

Stay tuned for more updates as the rescheduling process continues. The insights gained from this hearing and the subsequent decision could provide cannabis businesses with new opportunities—or challenges—in the federal landscape.

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