Despite growing support for reform, cannabis remains illegal on the federal level. Advocates for the plant were hopeful the Biden administration’s recommendation to reclassify marijuana from Schedule I to the less restrictive Schedule III would lead to meaningful change. However, the Drug Enforcement Agency (DEA) dealt a major blow to cannabis supporters this week, announcing yet another delay.
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The DEA had scheduled a hearing on December 2, where oral arguments from experts on both sides of the debate were to be heard. As first reported by Marijuana Moment, the agency decided to push the testimony to January or February, stating more information about the participants is needed.
Chief Administrative Law Judge (ALJ) John Mulrooney ordered the delay. He argues that the DEA’s list of participants does not state whether the experts are for or against reform and lacks other identifying data. Mulrooney is giving the DEA until November 12th to reconcile his requests.
The December 2nd hearing will still happen, just without any testimony. The oral arguments will be scheduled once the DEA provides Mulrooney with sufficient updates on those testifying.
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The list of potential participants includes representatives from the cannabis industry, law enforcement, and anti-pot groups. The experts do appear to skew more on the “opposed” side of the reform debate, although the public comments submitted to the DEA overwhelmingly support rescheduling.
President Biden first ordered a review of marijuana’s Schedule I status two years ago. The process has been slow-moving, although many hoped change would occur before the November 5th presidential election. Now, it is doubtful reform could happen before Biden leaves office.
Both major party presidential candidates support some type of cannabis reform. Former President Donald Trump has endorsed rescheduling, and Vice President Kamala Harris wants to legalize marijuana nationwide. It’s unclear what impact, if any, the election’s outcome will have on the DEA’s current trajectory.
