The U.S. Drug Enforcement Administration (DEA) staged the first part of a show of a hearing on federal marijuana legalization. The proposed federal rule would move marijuana from Schedule I to Schedule III on the Controlled Substances Act.
They live-streamed the hearing from the DEA headquarters in Arlington across the Potomac River from Washington, DC.
It featured a few lawyers from New Jersey on both sides.
The hearing was the first of many in a long process.
The DEA’s Marijuana Legalization Hearing
Judge John Mulrooney explained the highly regulated process. He wanted to keep the proceedings narrowly focused.
“There’s certainly enough people in favor of it,” Mulrooney noted.
He said evidence should be filed on January 3rd.
“These are kind of rare proceedings. It’s rule-making. A lot of people have a big stake in this,” Mulrooney said.
He pledged transparency and impartiality.
James J. Schwartz appeared on behalf of the DEA as their Lead Counsel.
“What’s your position?” Mulrooney asked.
“We are the proponent of the rule,” Schwartz said.
Mulrooney noted that 43,000 comments were made in the proposed rule in the official rule-making process.
“Each one of them has to be read. But that’s not part of this process,” he noted. “Nothing is ruled in. Nothing is ruled out.”
Mulrooney said he wasn’t trying to determine whether marijuana was good or bad, but its health merits and potential for addiction.
National Cannabis Industry Association Represented by NJ Lawyer
Attorney Nikolas Komyati of Morristown in North Jersey represented the National Cannabis Industry Association (NCIA).
They were the only pro-cannabis organization respected by the Judge and given “full standing.”
That makes the process seem rigged.
Komyati explained they wanted to be heard and explain the merits of medical cannabis.
“We wanted to be afforded the opportunity,” he said. “We fully support all the arguments for rescheduling.”
“Our members are hopefully looking forward to seeing cannabis rescheduled to Schedule III. We don’t want to see any delays,” Komyati explained.
According to an NCIA report, they are for descheduling marijuana ultimately.
Many in the cannabis industry see Schedule III as potential progress since it would help with the outrageously high taxes they have to pay.
But others think it will allow Big Pharma to dominate the industry.
Advocates Fighting the Good Fight
Attorney and advocate Scheril Murray Powell explained she represented the pro-cannabis group Veterans Initiative 22. While she is from Florida, she has been very active in New Jersey and other legal cannabis states.
Powell went over the details of her testimony on behalf of vets.
“Some have disparate harm based on ethnicity, Black and Brown veterans. Some were faith-based users of cannabis,” she explained. “Not only were their religious freedoms violated, but also their United Nations cultural protections.”
Powell added some were dishonorably discharged due to cannabis consumption.
“Tons of people think it’s good. Tons of people think it’s bad,” Mulrooney noted. “Any of us could be wrong. I just have to determine a fairly narrow amount of things.”
He would only let them discuss medical cannabis and potential addiction concerns that anti-marijuana prohibition lovers would like.
Descheduling is the preferred position of many cannabis advocates, entrepreneurs, professionals, and consumers. It would end marijuana possession as a crime and allow the state cannabis markets to flourish.
Marijuana Legalization Enemies Featured
Attorneys Patrick Philben and Chase Harrington represented the anti-marijuana advocacy group Smart Approaches to Marijuana (SAM).
Mulrooney noted they wanted 150 minutes and gave them 120 or 2 hours.
Also, an attorney for the State of Nebraska was working with anti-marijuana lawyers.
Mulrooney noted David G. Evans of Flemington in Hunterdon County represented several anti-marijuana groups. He was at the center of a failed effort to stop New Jersey cannabis legalization with a lawsuit.
Evans seemed to enjoy attributing anything terrible that has ever happened to cannabis consumption.
“Most of my testimony is going to be an attack on the DOJ (Department of Justice), Office of Legal Counsel’s legal justification for, uh, the change in this rule,” he explained.
Judge Focused on Merits
“If someone says, well, the law is all wrong, or it’s being misinterpreted… that’s something I can’t have,” Mulrooney explained.
“It has to be accepted as a medicine. But then there is a whole series of FDA rules about prescriptions, advertising, labeling, and so forth. There’s no way marijuana is going to be able to do that,” Evans alleged. “It doesn’t fit into any of those rules.”
“The Office of Legal Counsel tells me that there’s nothing to worry about,” Mulrooney replied.
“You should read my opinion,” Evans argued.
“Argue in your brief,” Mulrooney said.
He joked he found briefs help with insomnia.
The International Association of Police Chiefs also wanted to testify against federal marijuana legalization progress, along with others. Mulrooney noted his wife works for them.
“I look forward to seeing you all … in mid-January,” Mulrooney said.
The DEA and Marijuana Legalization
It took a long time to even get that hearing, which represents some progress.
In May, the Department of Justice proposed to transfer marijuana from Schedule I of the Controlled Substances Act to Schedule III of the CSA.
“The CSA requires that such actions be made through formal rulemaking on the record after opportunity for a hearing,” according to the DEA. “If the transfer to Schedule III is finalized, the regulatory controls applicable to Schedule III controlled substances would apply …. along with existing marijuana-specific requirements and any additional controls that might be implemented, including those that might be implemented to meet U.S. treaty obligations.”
“If marijuana is transferred into schedule III, the manufacture, distribution, dispensing, and possession of marijuana would remain subject to the applicable criminal prohibitions of the CSA,” according to the DEA.
So, Schedule III isn’t even real federal marijuana legalization.
It certainly is not designed to empower small business owners, sickly patients, or budget-conscious consumers who don’t want booze or cigarettes.
Next Steps with the Feds Show
The DEA federal marijuana legalization hearing was previously scheduled for before the election. It also seems like it could last until next Spring, 2025, at least, if not longer.
So, the process is likely to continue after President Joe Biden leaves office in January and former President Donald Trump becomes President again. Trump endorsed Schedule III rescheduling.
Biden initiated the process to review marijuana scheduling in October 2022 during the midterm elections.
The DEA has far too much power in this process. In 2016, advocates wanted to change the status of marijuana, but the DEA said no.
Now the DEA picked who gets to speak at the hearing!
It’s like a show where they decide which characters will be featured on stage.
Notably, the Department of Health and Human Services (HHS) refused to participate. They previously endorsed moving Schedule III.
Mixed Marijuana Signals from New Trump Administration Picks
So, Biden had picked former NJ Deputy Attorney General Anne Milgram to head the DEA. Now Trump wants Hillsborough County, Florida Sheriff Chad Chronister to be the DEA head. According to Marijuana Moment, he liked decriminalization on the county level.
But he might have been against the recent controversial Florida cannabis legalization referendum.
Some of Trump’s picks to run the federal government are against the marijuana legalization process. But others like Bobby Kennedy Jr. are for progress. He was nominated to be Secretary of HHS. He is very critical of the department overall.
