Close Menu
  • Home
  • News
  • Lifestyle
  • Law
  • Business
  • Education

Subscribe to Updates

Get the latest creative news from FooBar about art, design and business.

What's Hot

Ohio GOP Seeking to Change Voter-Approved Adult-Use Cannabis Law

May 30, 2025

U.S. Court of Appeals Rejects Legal Challenge Claiming Cannabis Prohibition is Unconstitutional

May 29, 2025

Montana Gov. Signs Bill Reserving $12M of Cannabis Tax Revenues for ‘Habitat Legacy Account’

May 28, 2025
Facebook X (Twitter) Instagram
Saturday, May 31
  • Home
  • Contact
  • Privacy Policy
  • Terms & Conditions
Facebook X (Twitter) Instagram LinkedIn VKontakte
Smoke Professional
  • Home
  • News

    More Than 1,000 Arrested in Sweep of U.K. Weed Grows

    July 8, 2023

    Scotland Calls On UK To End ‘Failed’ Drug War With Decriminalization And Harm Reduction Approach

    July 8, 2023

    Germany’s draft law for first phase of cannabis reform

    July 8, 2023

    High Times Cannabis Cup Illinois: People’s Choice Edition 2023 Kicks Off

    July 8, 2023

    Pennsylvania Committee Advances Expansion to State Medical Cannabis Program

    July 7, 2023
  • Lifestyle

    How Watching the News Can Trigger Anxiety and Panic Attacks

    October 28, 2024

    Record High Cannabis and Hallucinogen Use Among Adults

    October 27, 2024

    Weekend Sleep Catch-Up May Lower Heart Disease Risk by 20%

    October 27, 2024

    Energy Drinks Linked to Poor Sleep Quality and Insomnia

    October 26, 2024

    First Psychedelic Church for Magic Mushrooms

    October 26, 2024
  • Law

    Ohio GOP Seeking to Change Voter-Approved Adult-Use Cannabis Law

    May 30, 2025

    Federal Lawmakers Call for Medicaid Fraud Investigation Into Florida Anti-Cannabis Political Group

    May 26, 2025

    Minnesota Ends Criminal Penalties for Bong Water

    May 23, 2025

    Minnesota Bill to Set Up Adult-Use Cannabis Industry Moves to Governor

    May 22, 2025

    Pennsylvania House Passes Cannabis Legalization Bill

    May 8, 2025
  • Business

    U.S. Court of Appeals Rejects Legal Challenge Claiming Cannabis Prohibition is Unconstitutional

    May 29, 2025

    Montana Gov. Signs Bill Reserving $12M of Cannabis Tax Revenues for ‘Habitat Legacy Account’

    May 28, 2025

    Minnesota Tribe Signs Agreements to Open Adult-Use Dispensaries Off Tribal Land

    May 28, 2025

    Washington to Issue New Social Equity Cannabis Licenses This Summer

    May 27, 2025

    DEA Raid Confiscates Over 29,000 Cannabis Plants in New York

    May 26, 2025
  • Education

    CBD and the Aging Population—What Science Says Today

    March 12, 2025

    Wholesale Nootropic Skincare: Boost Your Product Line

    March 10, 2025

    Ideal for Your Business Needs

    March 8, 2025

    A Must-have For Every Smoke Shop

    March 3, 2025

    The Perfect Addition to Your Product Line

    March 1, 2025
Smoke Professional
You are at:Home»Law»Marijuana Rescheduling: Delays, Adverse Participants… It’s All Good
Law

Marijuana Rescheduling: Delays, Adverse Participants… It’s All Good

adminBy adminNovember 5, 2024No Comments4 Mins Read
Facebook Twitter Pinterest LinkedIn Tumblr Email
Share
Facebook Twitter LinkedIn Pinterest Email

Last Thursday, we learned that the DEA’s marijuana rescheduling hearings are delayed until early next year. We also saw the list of 25 participants invited by the DEA to testify at those hearings. The takeaways here are: a) we will not have a substantive hearing on marijuana rescheduling until a new President takes office, and b) most of the hearing participants “represent law enforcement and anti-marijuana lobbies” as stated by MJBizDaily. Many people online didn’t like this at all, but I’ll humbly submit that it’s closer to a nothingburger.

The sky is not falling; delays are normal (and expected)

Anyone who has been around litigation or other court proceedings knows that delays are typical. You don’t have to be an administrative law expert (I’m not) to appreciate that. In this respect, it is puzzling why some of the industry folks, including cannabis lawyers, were howling at last Thursday’s news. It’s like complaining about the color of the sky.

Administrative Law Judge (ALJ) John Mulrooney’s Preliminary Order (“Order”) strikes me as a typical housekeeping exercise. He notes that the DEA hasn’t clarified which of the rescheduling hearing’s 25 participants support rescheduling, and which don’t. The Order gives a November 12 deadline (pretty tight!) for clarification on this point, and on related important issues– including disclosures of any known participant or DEA conflicts of interest. The Order also gives the DEA until November 12th to designate its counsel of record.

The Order is also clear that the previously scheduled December 2nd hearing remains on the docket. Participants must come prepared with “January-February 2025” dates for the big show. Lest you believe that the question of cannabis rescheduling will be fully and finally resolved at that time, I’m here to tell you otherwise. The hearings may drag on for any number of reasons, and once concluded, the ALJ will likely take his time arriving at a decision. Moreover, that decision could be litigated.

In short, people need to take a breather and understand that things are going as expected. Back on May 1st, the day after the DEA agreed to initiate Schedule III rulemaking, I wrote that “I doubt cannabis will be on Schedule III” by Election Day. In the bigger picture, and long before that, I highlighted how Biden “passed the buck, putting us on an uncertain, circuitous path” by kicking off this rescheduling inquiry. For the 1,000th time, Congress needs to act.

The participant list isn’t a huge deal; could even be helpful

The ALJ is presiding over a rulemaking process and making a record. A “record” in judicial proceedings is a technical term: it means the written account of all documents, evidence and proceedings in a matter. The record has already begun to accrete in this one, by way of the 42,925 comments on marijuana rescheduling submitted prior to the July 22 deadline (69.3% of them in support of rescheduling). The early 2025 hearings will continue to build out the record.

I mentioned above that the ALJ’s rulings may be litigated. If I were in the Judge’s chair, or even DEA’s, I’d make every possible effort to hear, on the record, from participants opposed to rescheduling. This is a useful way to insulate the Judge’s likely decision to follow the DEA’s Schedule III recommendation– all are fully and fairly heard.

No matter how much “evidence” or persuasive testimony opponents may conjure and enter into the record, it should not be enough to unseat the findings from FDA/HHS. That 250 page script considers the eight factors that determine control of a substance under 21 U.S.C. 811(c)– including that marijuana has a currently accepted medical use (CAMU). The report also contains favorable relative findings on abuse liability, with respect to other scheduled and unscheduled drugs (fentanyl, ketamine, alcohol, etc.). I just don’t see the naysayers getting there.

What’s next for marijuana rescheduling

Obviously, tomorrow’s elections are a pretty big deal. They don’t bear directly on these proceedings, but the composition of Congress and the Presidency for the next few years could potentially obviate the need for this rulemaking, or lessen its impact. Beyond that, a few interesting breadcrumbs may fall from the December 2nd hearing, including which witnesses will testify on behalf of the 25 selected participants (a few are associations with yet-undesignated reps), whether any conflicts of interest arise, and anything else.

Stay tuned for December 2nd if you’re a very process-oriented person. Everyone else can probably take a breather. This is what Biden signed us up for, after all, instead of following through with his campaign promises to decriminalize marijuana. (I couldn’t resist!)

For more on this topic, check out the following posts:

Source link

Adverse Delays Good Marijuana Participants Rescheduling
Share. Facebook Twitter Pinterest LinkedIn Tumblr Email
Previous ArticleOhio Adult-Use Cannabis Sales Top $131M in Under Three Months
Next Article Virginia Chooses Metrc for Cannabis Seed-to-Sale Tracking
admin
  • Website

Related Posts

Ohio GOP Seeking to Change Voter-Approved Adult-Use Cannabis Law

May 30, 2025

Federal Lawmakers Call for Medicaid Fraud Investigation Into Florida Anti-Cannabis Political Group

May 26, 2025

Minnesota Ends Criminal Penalties for Bong Water

May 23, 2025

Comments are closed.

Our Picks

Ohio GOP Seeking to Change Voter-Approved Adult-Use Cannabis Law

May 30, 2025

U.S. Court of Appeals Rejects Legal Challenge Claiming Cannabis Prohibition is Unconstitutional

May 29, 2025

Montana Gov. Signs Bill Reserving $12M of Cannabis Tax Revenues for ‘Habitat Legacy Account’

May 28, 2025

Minnesota Tribe Signs Agreements to Open Adult-Use Dispensaries Off Tribal Land

May 28, 2025
  • Facebook
  • Twitter
  • Pinterest
  • Instagram
  • YouTube
  • Vimeo
Don't Miss
Law

Ohio GOP Seeking to Change Voter-Approved Adult-Use Cannabis Law

By adminMay 30, 20250

Republican lawmakers in Ohio are seeking to make changes to the 2023 cannabis legalization law approved…

U.S. Court of Appeals Rejects Legal Challenge Claiming Cannabis Prohibition is Unconstitutional

May 29, 2025

Montana Gov. Signs Bill Reserving $12M of Cannabis Tax Revenues for ‘Habitat Legacy Account’

May 28, 2025

Minnesota Tribe Signs Agreements to Open Adult-Use Dispensaries Off Tribal Land

May 28, 2025

Subscribe to Updates

Get the latest creative news from Smoke Unlimited about Weed & CBD vaping.

From Our Partners
About Us
About Us

Get all the current news stories, latest trends and legislation regarding cannabidiol, products, usages and its benefits. So don’t miss out any buzz and stay tuned! We offer a minute to minute updates regarding Marijuana industry.

Facebook X (Twitter) Instagram Pinterest
Our Picks

Ohio GOP Seeking to Change Voter-Approved Adult-Use Cannabis Law

May 30, 2025

U.S. Court of Appeals Rejects Legal Challenge Claiming Cannabis Prohibition is Unconstitutional

May 29, 2025

Montana Gov. Signs Bill Reserving $12M of Cannabis Tax Revenues for ‘Habitat Legacy Account’

May 28, 2025
Sponsors
Copyright © 2025. SmokeProfessional
  • Home
  • Contact
  • Privacy Policy
  • Terms & Conditions

Type above and press Enter to search. Press Esc to cancel.