The U.S. Drug Enforcement Administration has contacted 25 “designated participants” to testify at a Dec. 2 hearing about marijuana rescheduling, according to documents obtained by MJBizDaily.
Before marijuana can be moved from Schedule 1 to Schedule 3 of the Controlled Substances Act, DEA Administrator Anne Milgram ordered that the matter go before an administrative law judge.
The 25 participants will appear before DEA Chief Administrative Law Judge John Mulrooney II, who has served in that position since 2009, according to a letter from Milgram dated Oct. 28.
Among other instructions, the letter directs “Designated Participants who will participate” to “come prepared with January-February 2025 availability dates” for participants and counsel to appear.
The unprecedented hearing is scheduled for just under seven weeks before President Joe Biden leaves office.
That’s a strong indication that marijuana will remain a Schedule 1 substance until after Biden vacates the White House on Inauguration Day, Jan. 20, 2025.
“While we’re disappointed to see a potential delay, we remain confident in the process,” said David Culver, senior vice president of the U.S. Cannabis Council.
“The debate around this is over with both leading presidential candidates embracing rescheduling – the policy and the politics are aligned; it’s now only a matter of time.”
DEA participants
Most of the participants represent law enforcement and anti-marijuana lobbies.
Some of the invitees, including the National Cannabis Industry Association, were already publicly known.
Others, including leading anti-legalization organization Smart Approaches to Marijuana, were widely expected to be granted participant status.
Participants tapped for the Dec. 2 hearing include:
- Shane Pennington, a prominent administrative law attorney, representing Village Farms International.
- Aaron Smith, CEO of the National Cannabis Industry Association, and Michelle Rutter Friberg, the organization’s chief lobbyist.
- Dr. Chad Kollas of the American Academy of Hospice and Palliative Medicine.
- John Jones, treasurer and director of Cannabis Biosciences International Holdings.
- Robert Head, Corey Burchman, Darinia Douchi and Victor Bohm of Hemp for Victory.
- Erin Gorman Kirk, state of Connecticut cannabis ombudsman.
- Ellen Brown, chair of the Massachusetts Cannabis Advisory Board’s research subcommittee.
- Shanetha Lewis, executive director of Veterans Initiative 22.
- Nicholas Garulay, president and CEO of The Doc App, which does business as My Florida Green, and Jason Castro, the organization’s in-house counsel.
- Katy Green, a lobbyist with Platinum Advisors, representing The Commonwealth Project.
- Ari Kirshenbaum, a professor of psychology at Saint Michael’s College.
- Jo McGuire of the National Drug and Alcohol Screening Association.
- Patrick Philbin, representing Smart Approaches to Marijuana.
- Roneet Lev of the International Academy on the Science and Impact of Cannabis.
- David Evans Sr., counsel for Cannabis Industry Victims Educating Litigators.
- Dr. Kenneth Finn, a drug-rehabilitation specialist.
- Jennifer Homendy, chair of the National Transportation Safety Board.
- Phillip Drum, a doctor of pharmacy.
- Nebraska Attorney General Mike Hilgers, whose office is currently in litigation in its bid to keep a medical marijuana legalization initiative off that state’s ballot.
- An unidentified representative of the International Association of the Chiefs of Police.
- Marshall Fisher from the Drug Enforcement Administration of Federal Narcotics Agents.
- Natalie Hartenbaum from the American College of Occupational and Environmental Medicine.
- Sue Thau of the Community Anti-Drug Coalitions of America.
- Kim Litman of the Tennessee Bureau of Investigation.
- National Sheriffs’ Association.
MJBizDaily independently verified the legitimacy of the letter and the participants list with one of the recipients.
The DEA did not respond to an MJBizDaily request for comment.
Rescheduling hearing
Mulrooney’s letter instructs recipients to file by Nov. 12 “a brief notice” indicating, among other requirements:
- “Why/how (they) would be sufficiently ‘adversely affected or aggrieved’ by the proposed scheduling action to qualify as an ‘interested person’ under the regulations.”
- Whether they support or oppose rescheduling.
- “Any known conflicts of interest with DEA or DOJ leadership or personnel that may require disclosure.”
Mulrooney has “the power to hold conferences to simplify or determine the issues in the hearing or to consider other matters that may aid in the expeditious disposition of the hearing,” Milgram’s letter notes.
But Mulrooney also can “sign and issue subpoenas to compel” extra documents as well as decide what evidence will be heard.
Two-year rescheduling effort
The unprecedented hearing is the latest step in a process that might see the status of marijuana downgraded under federal law.
The odyssey began in October 2022 with an executive order from President Biden to “expeditiously review” marijuana’s status under federal law, which the president called a “failed policy.”
That executive order led to a subsequent revolutionary recommendation from health regulators in August 2023 that marijuana be moved to Schedule 3 of the Controlled Substances Act, down from Schedule 1.
That was also the first time the federal government acknowledged that cannabis has a “currently accepted medical use” in the United States.
Following that interpretation of science and medicine, the DEA published a proposed change to federal law in May.
Political influence
Both Vice President Kamala Harris and former President Donald Trump, the Democratic and Republican nominees for president, respectively, have indicated support for the process.
However, the timing is likely to disappoint plant-touching cannabis businesses, who will have to wait longer than anticipated for the federal tax relief rescheduling offers.
A loathed section of federal tax law, Section 280E of the Internal Revenue Code, prevents legitimate marijuana businesses from making most typical business deductions on their federal returns.
But 280E applies only to Schedule 1 and Schedule 2 drugs.
Chris Roberts can be reached at chris.roberts@mjbizdaily.com.
