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DEA Cannabis Rescheduling Hearing Takes Landmark First Step

The first step in the US’s landmark efforts to reschedule cannabis officially took place yesterday, setting the stage for what is set to be a lively and heated process.

While this initial session, held at the Drug Enforcement Administration’s (DEA) headquarters in Arlington, was designed purely to pin down the schedules of all participants for future hearings, fingers were already being pointed.

Some pro-rescheduling lawyers, including Matt Zorn, representing the Connecticut Office of the Cannabis Ombudsman, raised points of contention that have already raised the temperature of the debate surrounding rescheduling.

Last week, Business of Cannabis reported that a 57-page motion calling for the DEA to be removed from the rulemaking process and be replaced by the Department of Justice amid concerns over bias had been dismissed by Administrative Law Judge (ALJ) John Mulrooney.

Zorn raised these concerns at the hearing, criticizing the DEA’s classification as a ‘proponent’ of the change despite their actual position on the proposals remaining unclear.

He also accused the DEA of withholding evidence ahead of the hearing, seeing a jovial Judge Mulroony to order the administration to submit its exhibit by December 13, ahead of a broader evidence submission on January 03.

The judge also went on to address allegations in the now-dismissed motion that the DEA had held unlawful discussions with anti-cannabis group Smart Approaches to Marijuana (SAM), which will be giving testimony next year, explaining that these allegations would be near impossible to prove.

Lawyers also asked to cross-examine the government but were told emphatically no, as cross-examinations are only allowed between participants under the stated procedures.

Furthermore, the Judge Mulrooney reiterated his neutrality while stating that the hearing was ‘not about determining whether (cannabis is) good or bad,’ but rather its potential for addiction and harm.

He went on to acknowledge the importance of hearing public feedback, noting the 42,000 submitted comments, but said it was impractical to review them all individually and asked for summaries.

As for next steps, the judge emphasized his ambition to move the process along quickly, and the following dates have been scheduled for the further sessions.

  • Merit-Based Hearings with Witness Testimony: Scheduled for mid-January 2025
  • DEA Exhibit List Deadline: December 13
  • Participant Evidence Filing Deadline: January 3
  • Witness Availability Confirmations: Due by the end of the year
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