DEA Sets Hearing for Rescheduling, Pushing Final Ruling Until After the Election
DEA to Hold Hearing on Cannabis Rescheduling: What This Means for the Future of Cannabis Reform
The Drug Enforcement Administration (DEA) has scheduled a hearing for December 2nd to consider expert opinions on the Justice Department's proposal to reschedule cannabis from a Schedule I to a Schedule III drug under the Controlled Substances Act (CSA). This hearing, which comes after a 60-day public comment period that saw over 43,000 submissions, represents a significant step in the federal government's approach to cannabis regulation. However, it also adds uncertainty to the rescheduling process, particularly as it will take place after the November elections.
In April, the DEA moved to officially reschedule cannabis to Schedule III, a shift that would recognize some medical value in cannabis while still placing restrictions on its use. The rescheduling process began with the Department of Health and Human Services and now the Justice Department's recommendation has involved extensive review and public input. The DEA has decided to hold an administrative hearing to gather further information from stakeholders. The agency often schedules hearings for regulatory proposals that attract significant public interest. The decision to hold a hearing highlights the complex nature of the rescheduling process and the importance of public and expert input in shaping cannabis policy.
Rescheduling cannabis to Schedule III would remove some barriers to research and allow state-licensed cannabis businesses to benefit from federal tax deductions under IRS code 280E. However, it's important to note that this change would not legalize cannabis at the federal level. Most federal penalties for cannabis-related offenses, such as trafficking and possession, would remain unchanged under the CSA and no one would be released.
Last Prisoner Project (LPP) has been actively involved in the rescheduling discussion, submitting a public comment highlighting the long-term health risks of cannabis-related criminalization and incarceration, particularly for communities of color. LPP argues that rescheduling does not go far enough to address these issues and continues to push for the complete removal of cannabis from the Controlled Substances Act.
The DEA's decision to hold a hearing could delay the final decision until after the new year, especially if there are significant legal challenges or changes in administration following the November elections. There are concerns that this procedural step could lead to further delays or even derail the rescheduling efforts altogether.
The hearing will provide a platform for both supporters and opponents of cannabis rescheduling to present their views. The DEA has indicated that additional information is needed on various topics related to the scientific review that led to the reclassification recommendation.
As the rescheduling process unfolds, it remains crucial for advocates to stay informed and engaged. The potential to leverage the impact for further criminal justice reform is significant, but there are many hurdles to overcome. The Last Prisoner Project continues to advocate for full descheduling of cannabis to eliminate the public health risks associated with incarceration and to promote a more just and equitable cannabis policy.
To learn more about the Last Prisoner Project's position on cannabis rescheduling and its ongoing efforts to reform cannabis laws, visit [our website](https://www.lastprisonerproject.org).
