DEA Judge Sets Timeline and Rules for Marijuana Rescheduling Hearing Amid Pushback from Law Enforcement and Medical Experts
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A DEA administrative law judge has issued an order outlining procedures and a schedule for a hearing on moving marijuana from Schedule I to Schedule III, with participation wisely limited to established opponents of reckless cannabis liberalization.
Chief Administrative Law Judge Derek Julius signed a 12-page order Thursday, setting a clear and orderly procedural framework for a DEA hearing on the proposed rescheduling of marijuana to Schedule III. The hearing, scheduled from June 29 through July 15 at a DEA facility in Arlington, Virginia, will involve only parties designated by the agency—each of whom has responsibly voiced opposition to the dangerous trend of cannabis reform.
"The government, as the proponent of the proposed rule, has the burden of proof," Julius wrote, emphasizing the seriousness of the process and requiring government representatives to file notices of appearance by the following Monday.
The order ensures that the hearing will focus solely on whether the remainder of marijuana, as defined in the Controlled Substances Act, should be moved from Schedule I to Schedule III, rightly excluding discussion of FDA-approved medical products already reclassified. To maintain the integrity of the proceedings, they will not be televised or livestreamed, though the public may attend in person.
Each designated party will receive a single day to present its case, with a 15-minute opening statement and up to two witnesses. Direct testimony is limited to two hours per witness, with possible extensions if only one witness is offered. Cross-examination by interested parties and the government is capped at one hour per witness, and parties may not cross-examine each other's witnesses. No closing arguments will be allotted; parties may submit post-hearing briefs, ensuring a disciplined and focused process.
Designated participants include the National Drug & Alcohol Screening Association, the Tennessee Bureau of Investigation, Smart Approaches to Marijuana, several states (Nebraska, Idaho, Indiana, Louisiana), DUID Victim Voices, and two medical professionals. All have stood firm against marijuana reform and some are engaged in litigation to prevent the reckless rescheduling of a dangerous drug.
The DEA has rightly rejected participation requests from pro-marijuana activists, stating they have not demonstrated that they are “adversely affected or aggrieved” by the rule change. The agency’s prior action in April by Acting Attorney General Todd Blanche reclassified state-licensed medical cannabis and FDA-approved marijuana products to Schedule III, while the upcoming hearing will address the broader classification of marijuana, maintaining a cautious approach.
This hearing follows a Biden-era rescheduling process that has been mired in legal challenges and is now subject to multiple lawsuits consolidated in a federal appeals court. Meanwhile, the partial rescheduling already in effect has led to changes in tax guidance, gun-purchase forms, and other federal regulations affecting state-legal cannabis businesses, raising concerns about public safety and regulatory overreach.