The conversation around marijuana legalization and its rescheduling under U.S. law is entering a pivotal chapter. On Monday, December 2, 2024, at 9:30 A.M. ET, the Drug Enforcement Administration (DEA) will open formal hearings to address the rescheduling of marijuana from Schedule I to Schedule III of the Controlled Substances Act (CSA). This procedural step, though preliminary, has significant implications for drug law, research, and the cannabis industry. Here’s what you need to know about this hearing and why it matters.
What is the Marijuana Rescheduling Hearing About?
Marijuana is currently classified as a Schedule I drug under the CSA—a category reserved for substances with a high potential for abuse, no accepted medical use, and lack of safety under medical supervision. This classification puts marijuana alongside drugs like heroin, making its use and study heavily restricted under federal law.
On May 21, 2024, the Department of Justice announced its intent to move marijuana to Schedule III, following a recommendation from the Department of Health and Human Services (HHS). HHS determined that marijuana has some accepted medical use, a lower potential for abuse, and limited risks of dependency compared to Schedule I substances.
Rescheduling marijuana to Schedule III would mark a major shift in regulatory controls. This change would ease tax burdens on cannabis businesses, unlock more research opportunities, and reduce the stigma surrounding its use. However, it would not fully legalize marijuana federally, as manufacture, distribution, and possession would still face criminal prohibitions under certain conditions.
Purpose of the December 2 Hearing
The December 2 hearing is a procedural preliminary meeting rather than a merit-based evidentiary session via a press release from the DEA. It will address legal and logistical matters and set the stage for future proceedings. Witness testimony is NOT part of this session.
Who Can Attend?
Public Participation: Members of the public who wish to follow the event can view a live stream on the DEA’s website at www.DEA.gov/live.
Designated Participants and Media: Attendance at DEA headquarters in Arlington, VA, is restricted to credentialed individuals pre-approved by the agency.
“This hearing represents a pivotal moment in Cannabis history,” said Nicholas Barreto, a citizen advocate who recently wrote to administrative law judge John Mulrooney II to demand greater transparency. Announcing a live stream without providing actionable information undermines the public trust. Add to that the unresolved FOIA issues and it’s hard to see how this process is meeting a standard of transparency the public deserves.”
Advocates argue that the hearing has the potential to shape the future of cannabis policy in the United States and that the DEA has an obligation to conduct the process with full transparency.
“The public has a right to be informed especially on an issue of this magnitude,” Barreto added, “without immediate action the credibility of this proceeding and the public trust in its fairness will be at risk.”
With time running out before the hearing begins citizens are urging a dea and Judge Mulroney to take swift and decisive action to restore transparency and accountability.
For more information or to join the call for transparency visit www.DescheduleNotReschedule.info or contact Nicholas Barreto at Nicholas@DescheduleNotReschedule.info.
Implications of Rescheduling Marijuana
While the rescheduling of marijuana would not equate to full federal legalization, it would create significant changes across various sectors. To be clear descheduling cannabis, similar to tobacco and alcohol, is the desired outcome. Rescheduling will leave the entire cannabis industry in the hands of only the entities that are able to obtain Federal Manufacturing and Distribution of Drug licenses.
Business Tax Benefits
Rescheduling marijuana to Schedule III would exempt cannabis businesses from Section 280E of the tax code, allowing them to claim federal tax deductions like any other legal industry. Currently, businesses operating in cannabis face disproportionate tax burdens, which would be reduced under the new classification.
Enhanced Research Opportunities
Reclassification would simplify the process for medical and academic institutions to access marijuana for research. This could lead to more clinical trials, improved understanding of medical cannabis applications, and development of marijuana-based pharmaceuticals.
Justice System Uncertainty
Despite the possible change, criminal prohibitions under federal and state laws might still create a confusing overlap for users and businesses. Marijuana-based products would also remain regulated under the Food, Drug, and Cosmetic Act.
What Happens Next?
The hearing on December 2 is just the first step in a lengthy and complex rulemaking process. Future merit-based evidentiary hearings will take a deeper look into the scientific evidence, public health implications, and market dynamics surrounding marijuana rescheduling.
It’s important to note that skepticism exists regarding the DEA’s stance on the issue. The agency has previously emphasized its need for additional information before reaching a final decision. Procedural concerns, including the denial of witness participation from certain interested parties, suggest there may be complications in achieving a timely and balanced resolution.
The timeline for a finalized rule depends on a variety of factors, from the number and complexity of hearings to external political forces. However, 2025 appears to be the earliest when substantive decisions could be reached.
