DEA Judge Issues Order Laying Out Process For Marijuana Rescheduling Hearing Starting This Month

Key Points:

• A DEA administrative law judge has issued a 12-page initial order setting rules and timelines for a hearing on the Trump administration’s cannabis rescheduling proposal, scheduled from June 29 to July 15 in Arlington, Virginia.
• The hearing will focus narrowly on whether non-FDA-approved marijuana should be moved from Schedule I to Schedule III of the Controlled Substances Act, excluding medical cannabis products already rescheduled in April by Acting Attorney General Todd Blanche.
• Only opponents of cannabis reform, including state officials and advocacy groups against rescheduling, have been designated as parties to participate; reform supporters have been excluded for not meeting the criteria of being “adversely affected” by the proposed rule.
• The order outlines strict procedural rules for witness testimony, cross-examination, and evidence objections, and prohibits any video or audio recording during the hearing, though the public may attend in person.
• The cannabis rescheduling process faces ongoing litigation and political opposition, even as the initial rescheduling of state-licensed medical marijuana to Schedule III has already impacted federal policies on possession, taxation, and firearm regulations.