Marijuana Reform Delayed Past November Election
Hopes for the marijuana rescheduling decision to be finalized before the November election have been dashed. DEA Administrator Anne Milgram has signed a notice of proposed rulemaking (NPRM), adding an additional procedural step to the DOJ’s move to reschedule marijuana from Schedule I to Schedule III, pushing the decision past the November election. As requested by supporters and opponents alike, the hearing will allow experts to weigh in on all sides of the matter in accordance with 21 U.S.C. 811 & 812.
The NPRM states, “if the transfer to schedule III is finalized, the regulatory controls applicable to schedule III controlled substances would apply, as appropriate, 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. Any drugs containing a substance within the CSA’s definition of ‘marijuana’ would also remain subject to the applicable prohibition in the Federal Food, Drug, and Cosmetic Act (FDCA).”
The December 2nd hearing casts doubt over the timeline for rescheduling, adding to concerns that the rulemaking might not be finalized before January. A change in administration following the November election could also jeopardize rescheduling altogether.
Interested parties, including “any person adversely affected or aggrieved by any rule or proposed rule issuable,” need to submit a written “desire to participate” no later than 30 days after the notice is published. After the deadline, Milgram will review the submissions, decide on the participants, and designate a presiding officer who will have numerous authorities including the power to make sure the hearing is handled expeditiously, sign and issue subpoenas for information necessary to conduct the hearing…and take any action permitted under the DEA hearing procedures.
The presiding officer will admit as evidence, comments on, or objections to the proposed rule, but only if it “is competent, relevant, material, and not duly repetitive.”