Former Drug Enforcement Administration leaders and Republican state attorneys general are pushing for public hearings on the Biden administration’s proposal to loosen federal marijuana restrictions, possibly complicating the rescheduling process.
Nine ex-DEA administrators and 18 GOP attorneys general have separately requested that current DEA chief Anne Milgram hold administrative hearings on the plan to move cannabis from Schedule I to Schedule III under the Controlled Substances Act, according to letters obtained by Law360.
Both groups describe the proposed change as possibly “the most consequential rulemaking DEA has ever undertaken,” citing national and international implications.
The former DEA heads, in a Wednesday letter, argued that rescheduling would represent “the most significant relaxation of narcotics restrictions in the history of the CSA.”
South Carolina Attorney General Alan Wilson led the GOP attorneys general in their Thursday letter, which used similar language to stress the proposal’s far-reaching effects.
The calls for hearings follow the U.S. Department of Justice’s May recommendation to reschedule marijuana, based on an August 2023 determination by federal health regulators that cannabis has medical uses and lower abuse potential than other Schedule I drugs.
Critics argue more scientific analysis is needed before such a major policy shift. Both letters emphasize the need for a “robust administrative record” and expert testimony.
The requests came just before Thursday’s deadline for interested parties to seek a hearing before an administrative law judge on the proposed rescheduling.
Since publishing the notice of proposed rulemaking, the DEA has received over 20,000 public comments on the issue.
Supporters of rescheduling say it would align federal policy with growing state-level marijuana acceptance. Opponents, including the former DEA administrators and GOP attorneys general, urge caution and thorough review.
The DEA’s response to the hearing requests could also impact the timeline and outcome of the Biden administration’s cannabis policy reforms.
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