The Drug Enforcement Agency (DEA) has reached another milestone in the journey to potential federal cannabis reform. This week, DEA Administrative Law Judge John Mulrooney kicked off the first official hearing on the topic yesterday, setting the stage for what’s to come. On the docket? The proposal to move cannabis from Schedule I to Schedule III. This reclassification would not legalize the plant, but it would make doing business in the marijuana industry a bit less restrictive.
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The hearing, which lasted just over two hours, introduced several key players, including attorneys representing the federal government, the cannabis industry, and organizations on both sides of the debate.
Most of the hearing was procedural, with Judge Mulrooney discussing what would and would not be accepted as evidence, as well as debating who would be allowed to testify in future hearings. He was also quick to point out the hearings were not a matter of opinion but of facts.
“This is not a trial about whether marijuana is good or marijuana is bad,” Judge Mulrooney declared, adding the hearings are meant to determine whether cannabis does have medicinal value and addiction potential.
A back-and-forth between Judge Mulrooney and Matt Zorn, an attorney representing the Connecticut Office of the Cannabis Ombudsman, was the most contentious part of the hearing. Zorn questioned the DEA being regarded as the “proponent” of rescheduling, given that their official cannabis reform stance remains murky at best.
Judge Mulrooney responded that the DEA doesn’t need to act as “cheerleaders” for their position but did chide the agency for failing to submit all of their evidence. He set a due date of December 13th for DEA to submit their paperwork and a separate deadline of January 3rd for the rest of the participants to get their evidence in.
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Another issue that has been raised in the last few weeks is alleged private communications between the DEA and anti-cannabis group Smart Approaches to Marijuana, which some believe may amount to collusion. When asked about the controversy, Judge Mulrooney seemingly dismissed concerns.
During the hearing, much of the conversation centered on when potential testimony could take place. Judge Mulrooney appeared to hone in on mid-January or early February when witnesses approved by the DEA will be able to say their piece. The judge said he wants these hearings to be completed in a timely fashion so the government can make their decision expeditiously.
It’s unclear whether the shift to Schedule III will be approved, given that much of the testimony will come from people against reform. It will likely take weeks post-hearing for Judge Mulrooney and the DEA to make their final decision. Another unknown lies in the incoming Trump administration, which could upend the whole process—for better or for worse. However, Trump’s new pick to head the DEA, Chad Chronister, apparently voiced support for local decriminalization back in 2020. It’s a small but welcome sign of progress for cannabis reform ahead.
