Although last week the U.S. Drug Enforcement Agency’s Administrator, Anne Milgram, approved over two dozen witnesses to testify at the upcoming December 2, 2024, hearing on the Biden administration’s rescheduling proposal, a few days later Chief Administrative Law Judge John Mulrooney took issue with the qualifications of those witnesses and issued a preliminary order postponing testimony to January or February 2025. Judge Mulrooney’s comments on the list evidenced some frustration that DEA had not included basic contact information and the witnesses’ position on rescheduling. He directed the DEA to supplement the witness list by November 12.

DEA-selected witnesses include the National Cannabis Industry Association (NCIA), various state agencies, educators, and science organizations.

The administrative process for rescheduling marijuana from Schedule I (like heroin and fentanyl) to Schedule III (like anabolic steroids and Tylenol with codeine) may be lengthy and complicated, and the outcome uncertain. We will continue monitoring DEA decisions on this front. We will provide additional details and updates as they become available.