As Election Buzz Swirls Around Biden And Harris, DEA Comment Period Ends: What's Next For Cannabis Rescheduling?

The deadline for public comments on the Drug Enforcement Administration's (DEA) rescheduling proposal concluded on Monday July 22.

This marks a pivotal moment in the ongoing process of potentially reclassifying certain controlled substances, with significant administrative steps lying ahead.

Public Sentiment And Key Dates

The Department of Justice (DOJ) and DEA proposed reclassifying marijuana from Schedule I to Schedule III of the Controlled Substances Act (CSA) on May 21, 2024.

A Benzinga analysis of over 4,000 public comments submitted by May 23 reveals strong support for this move, with 75.9% positive responses. Commenters highlighted the medical advantages and urged alignment with state laws and scientific evidence.

While most support rescheduling, there are calls for complete descheduling. Some argue that rescheduling alone won’t address all legal and research limitations.

Key dates include the end of the public comment period on July 22, 2024, with the final ruling expected around August 20, 2024, and becoming effective 30 days after publication.

Biden Administration’s Role

With President Joe Biden in office until January 20, 2025, the Biden administration is expected to prioritize concluding the rescheduling process before Inauguration Day. However, analyst Pablo Zuanic anticipates potential delays if the DEA must address the large volume of comments received.

While the DEA will review the 37,000 submissions, not all will require a response, and an extended review period could further delay the process.

Potential For ALJ Hearings

The decision on whether to hold Administrative Law Judge (ALJ) hearings is also pending.

Several state Attorneys General have called for hearings, arguing that they meet the criteria of affected parties. The necessity for these hearings could extend the timeline, with subsequent reports from ALJs potentially causing additional delays.

Expedited Process Possibility

Alternatively, Zuanic suggests the DOJ might expedite the process by forgoing hearings and directly moving to finalize the rule. Despite this possibility, hearings will likely be held, lengthening the process.

Timeline

According to Zuanic, to meet the January 2025 deadline, the final ruling must be published in the Federal Register by December 21, 2024. If Vice President Kamala Harris wins the election, her administration would complete the process. If not, the DOJ might accelerate its efforts under a different administration.

Legal And Legislative Uncertainties

Legal uncertainties remain, including the potential for judicial interventions. Additionally, legislative changes, such as those proposed by Representatives Nancy Mace and Rashida Tlaib, could influence the process by lifting restrictions on the DEA’s ability to reschedule substances.

What If Rescheduling Takes Place?

This transition will involve the release of new regulations from the DEA, which will detail prescribing and dispensing protocols, aligning cannabis with other Schedule III substances.

Analysts expect that if rescheduled, cannabis will benefit from tax reforms and enhanced research opportunities, though the regulatory landscape will need to address challenges such as FDA approval and insurance coverage for broader access.

Read next: Trump And DeSantis Supporters Love Their Cannabis: Is Rift Between Anti-Weed Politicos, Pot Users Brewing In The Sunshine State

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