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While the public comment window remains open on the Biden administration’s proposal to move cannabis from Schedule I to Schedule III, the deadline to request a hearing was June 20.
As expected, several requests came in, and largely from those who oppose rescheduling. If a hearing is granted, it could extend the timeline for the U.S. Drug Enforcement Administration to make its determination.
There are some high profile names in the mix, including former DEA administrators and current Attorneys General. And, notably, there is a lot of overlap in the language in the two groups’ respective letters (which you can read below).
For a sense of their stance, here is a passage from the former DEA administrators’ letter, addressed to current DEA administrator Anne Milgram:
“Changing marijuana to Schedule III is likely the most consequential rulemaking DEA has ever attempted. Apart from the merits of rescheduling marijuana, it is undeniable that the decision has national and international significance,” they wrote.
“It would be the most significant relaxation of narcotics restrictions in the history of the CSA. Such a sweeping change should be undertaken only on a robust administrative record. That is why Congress required that such decisions be made on the record and with opportunity for a hearing. It is hard to imagine a rule more appropriate for formal process than a proposal to loosen federal restrictions on marijuana.”
Of note is also the law firm that anti-legalization group Smart Approaches to Marijuana is working with: the Torridon Group, which has on its team former U.S. Attorney General Bill Barr, who served under former President Donald Trump.
In short, rescheduling opponents are gearing up for a fight.
Here is a snapshot of noteworthy requests:
• Nine former DEA administrators (Read the request here.)
• Attorneys General of South Carolina, Alabama, Arkansas, Idaho, Indiana, Iowa, Kansas, Louisiana, Mississippi, Montana, Nebraska, New Hampshire, North Dakota, Oklahoma, South Dakota, Texas, Utah, and Wyoming. (Read the request here.)
• Drug Enforcement Association of Federal Narcotics Agents (Read the request here.)
• Tennessee Bureau of Investigation (Read the request here.)
• Smart Approaches to Marijuana (Read the request here.)
