Federal officials used the opening day of a closely watched administrative hearing on June 29 to reaffirm their support for a proposal that would move marijuana to Schedule 3 under federal law.
Speaking at the DEA’s headquarters in Arlington, Virginia, James J. Schwartz, an attorney with the agency’s Office of Chief Counsel, said the federal government continues to back the proposed change. He told the administrative law judge overseeing the proceedings that the government would present expert testimony to support the recommendation to reclassify marijuana under the Controlled Substances Act.
Schwartz said the government’s role in the hearing is to defend the proposal approved by a previous attorney general. To support its case, federal officials are relying on testimony from a scientific expert and a medical practitioner. The agency’s first witness was FDA scientist Dominic Chiapperino, Ph.D., whose testimony kicked off the hearing.
According to Schwartz, the government’s primary objective is to establish that cannabis has a currently accepted medical use (CAMU) in the U.S.
Federal regulators must evaluate three primary factors when assigning a drug’s schedule. Along with medical use, officials also examine the substance’s potential for abuse and the likelihood of psychological or physical dependence. If cannabis is found to have an accepted medical use, it would no longer meet the legal standard required for placement in Schedule 1.
Among those attending the hearing was regulatory attorney Gary Kaminsky, who said the government’s repeated focus on CAMU underscored the importance of the proceedings. He noted that proving accepted medical use would have major implications for cannabis’ current federal status.
The proposed rule relies heavily on a 2023 review by the Department of Health and Human Services, which concluded that cannabis has an accepted medical use for treating pain, chemotherapy-related nausea, and anorexia linked to certain medical conditions.
Schwartz also stated that the administrative law judge cannot reconsider the legal validity of HHS’s two-part framework for determining accepted medical use. He explained that a 2024 opinion from the DOJ’s Office of Legal Counsel found the approach legally sufficient, making it binding on the DEA and the tribunal.
Opponents of rescheduling have challenged that position, arguing the newer framework omits an earlier requirement asking whether a drug’s chemical composition is known and consistently reproducible. During cross-examination, National Drug and Alcohol Screening Association (NDASA) attorney David Evans attempted to question why federal agencies abandoned the previous five-part standard but withdrew the inquiry after objections from the DEA’s legal team.
The hearing is expected to continue through July 15, and marijuana companies like Tilray Brands Inc. (NASDAQ: TLRY) (TSX: TLRY) and their affiliates will be monitoring the proceedings keenly.
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