Drug Enforcement Administration Announces Date for Cannabis Hearing

The Drug Enforcement Administration (DEA) announced a date for its hearing on the proposed rulemaking on the rescheduling of cannabis, according to an unpublished Public Inspection document posted on the Federal Register on August 26, 2024 (1). According to the notice, the hearing is scheduled to take place on December 2, 2024, at the DEA Hearing Facility in Arlington, Virginia. The four-page notice is scheduled to be officially published on August 29, 2024.

The notice, signed by DEA Administrator Anne Milgram, outlined the purpose of the upcoming hearing. “DEA is committed to conducting a transparent proceeding,” it stated. “Regarding the methods of public access, DEA will provide updates on the DEA website, https://www.dea.gov. In accordance with 21 U.S.C. 811 and 812, the purpose of the hearing is to ‘receiv[e] factual evidence and expert opinion regarding’ whether marijuana should be transferred to schedule III of the list of controlled substances.”

It also explained how to contribute opinions and information to the hearing. “Interested persons desiring to participate in this hearing must provide written notice of desired participation as set out below, on or before [INSERT DATE 30 DAYS AFTER DATE OF PUBLICATION],” and provided contact information and requirements for the notices of intent. Milgram will determine the participants and designate a presiding officer for the hearing.

The document also provided context for the hearing, starting with the May 21, 2024 Notice of Proposed Rulemaking to reschedule cannabis to a schedule III substance, noting its currently accepted medical use, which was affirmed by the Department of Health and Human Services in January 2024. A public hearing period began afterwards and resulted in over 40,000 comments.

Shares of some cannabis companies dropped on the day the DEA notice was posted (2). Some news sources have noted that the hearing will take place about a month after the presidential election.

References

1. Department of Justice, Schedules of Controlled Substances: Rescheduling of Marijuana. Office of the Federal Register. https://www.federalregister.gov/public-inspection/2024-19370/schedules-of-controlled-substances-rescheduling-of-marijuana (accessed August 28, 2024).
2. Reuters, Pot stocks fall as US DEA pushes cannabis reclassification hearing to December. https://www.reuters.com/markets/us/pot-stocks-fall-us-dea-pushes-cannabis-reclassification-hearing-december-2024-08-27/ (accessed August 28, 2024).