DEA Hearing on Proposal to Reschedule Marijuana Pushed to 2025

This past August, the US Drug Enforcement Administration (DEA) announced plans to hold an administrative hearing on its proposal to move “marijuana” from Schedule I of the Controlled Substances Act — the most restrictive category — to Schedule III.
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Read our previous report here.

The hearing was scheduled for December 2. However, last week a DEA administrative law judge (ALJ) ruled that because the DEA erred in its presentation of witnesses for the December 2 hearing, witness statements and testimony likely will not be heard until early 2025 at the earliest. If the ALJ’s ruling stands, this would punt the final decision regarding the rescheduling of marijuana to the next Presidential Administration. We will provide a further update when (and if) the DEA administrative hearing is rescheduled.

ArentFox Schiff’s Cannabis team regularly partners with clients in this rapidly evolving industry to anticipate changes, identify potential issues early, and craft strategic, tailored solutions that help navigate the intricate web of regulations unique to the cannabis sector. For more information, contact one of the authors, a member of our Cannabis team, or the AFS attorney with whom you normally work.

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