The DEA is requesting approval from an agency judge to issue subpoenas compelling officials from the FDA to testify at forthcoming hearings regarding the Biden administration’s proposal to reschedule cannabis.
Friday was the deadline for parties involved in the hearing to submit additional materials, including evidence and witness information, to DEA Judge John Mulrooney as part of the pre-hearing process.
The DEA stated in its filing that it plans to subpoena four FDA officials, even though the HHS previously stated that it wouldn’t voluntarily participate in the proceedings. Additionally, the DEA announced its intention to introduce thousands of comments from the public submitted during the rulemaking process as evidence. This is despite the judge’s prior ruling that public comments are not admissible as evidence, warning the agency against attempting to use them inappropriately.
Judge Mulrooney cautioned that overwhelming the court with inadmissible comments could create the impression of a delay tactic, even if unintentional. The DEA defended its position by arguing that including public comments as evidence is crucial for decision-makers, given their significance to the proposed rulemaking. To address the logistical challenges posed by the volume of comments, the agency requested permission to submit them in electronic form rather than as physical documents.
In its recent filing, the DEA also provided details about the anticipated testimony of the four FDA officials it seeks to subpoena. According to the agency, the officials would provide critical information about the medical and scientific evaluations conducted as part of the HHS Eight-Factor analysis, which forms the foundation of the proposed rescheduling.
The analysis examines several aspects of a substance, including its potential for abuse, known pharmacological effects, current scientific knowledge, history and patterns of misuse, risks to public health, dependence liability, and whether it is a precursor to other controlled substances.
The DEA further explained that witnesses would discuss cannabis’ medical use, including its widespread application in states and the recognition of such use by regulatory entities overseeing medical practice. Additionally, witnesses are expected to address how medical marijuana is currently used in the U.S., despite its designation as a Schedule I drug.
The ongoing proceedings have sparked concerns among marijuana reform advocates about potential bias within the DEA’s handling of the rulemaking process. Some view the agency’s dual role as both the proponent of the proposed rule and the entity overseeing the hearings with skepticism.
The marijuana industry, including enterprises like Green Thumb Industries Inc. (CSE: GTII) (OTCQX: GTBIF), looks forward to the next steps of the rescheduling process and the final ruling that will be made on the CSA status of marijuana.
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