All parties opposing the rescheduling of marijuana to Schedule 3 of the Controlled Substances Act will have full standing to participate in a landmark marijuana rescheduling hearing, according to a ruling by DEA Chief Administrative Law Judge John Mulrooney II.
However, only one organization supporting rescheduling—the National Cannabis Industry Association (NCIA)—has been granted full standing. Mulrooney ruled late Tuesday that two pro-rescheduling groups “may not independently continue to participate” in the proceedings. Mulrooney’s decision was obtained by MJBizDaily.
Mulrooney applied a four-part test to determine standing: whether the party had a substantial interest in the outcome, adhered to procedural directives, stayed within the scope of rescheduling, and could assist the decision-making process. Of the nine remaining pro-rescheduling parties, seven can continue to participate with limited involvement, while two were excluded for failing to demonstrate any tangible interest. Those excluded include Florida-based My Doc App and Ellen Brown, chair of the Massachusetts Cannabis Advisory Board’s research subcommittee.
Conversely, all 12 opposing groups received full standing, including law enforcement organizations such as the International Association of the Chiefs of Police, the Tennessee Bureau of Investigation, and advocacy groups like Smart Approaches to Marijuana (SAM). SAM’s standing was justified based on its role in anti-marijuana advocacy and the potential impact of rescheduling on its activities.
In a separate motion, Hemp for Victory and Village Farms International raised concerns over potential bias in the DEA’s involvement, citing communication between the DEA and SAM. Mulrooney dismissed this argument, stating it added no substantive value to the proceedings.
Critics of the ruling have expressed frustration, accusing the process of favoring rescheduling opponents. Aaron Smith, CEO of the NCIA, said his organization is “beyond proud” to represent the legal cannabis industry in these proceedings. Some observers believe the inclusion of opposition groups may ultimately benefit rescheduling advocates by reducing the likelihood of procedural challenges in the event of a favorable outcome.
The hearing is part of an ongoing process initiated by President Biden in October 2022, leading to a 2023 recommendation from the Department of Health to reschedule marijuana. The Justice Department followed with a formal proposal in May 2024. DEA Administrator Anne Milgram announced the December hearing to consider public input.
Mulrooney has ordered participants to submit prehearing statements, including witness lists, evidence summaries, and availability for additional hearings in early 2025, by Nov. 26. The timeline raises questions about potential administrative shifts, especially as the incoming administration may alter the DEA’s approach. Matt Gaetz, a cannabis advocate nominated as attorney general by President-elect Donald Trump, could influence future decisions if confirmed. However, the implications of these leadership changes remain uncertain.
Below are the 12 parties opposed to rescheduling that have full standing:
- International Association of the Chiefs of Police.
- Dr. Kenneth Finn, a Colorado physician whose filing described him as a “former registered marijuana patient in the state of Colorado (who is a non-marijuana user),” claimed that he had “patients report suicidal ideation” after using CBD products and argues for “(r)aw marijuana to stay in its current schedule, for now.”
- Philip Drum, a doctor of pharmacy who advocates for the perils of marijuana-impaired driving.
- Community Anti-Drug Coalitions of America.
- Cannabis Industry Victims Educating Litigators.
- National Drug and Alcohol Screening Association.
- National Transportation Safety Board.
- State of Nebraska, which is staging a court battle against a successful medical marijuana ballot initiative.
- Tennessee Bureau of Investigation.
- Drug Enforcement Association of Federal Narcotics Agents, which represents active and retired DEA personnel.
- Smart Approaches to Marijuana (SAM), an organization that actively opposes legalization of the drug.
Below are the companies that “have not demonstrated standing but may continue to participate”:
- Cannabis Bioscience International Holdings.
- Veterans Initiative 22.
- Hemp for Victory.
- The Commonwealth Project, an organization founded by a former top FDA official that advocates for medical cannabis use by seniors.
- Dr. Ari Kirshenbaum, a professor of psychology at St. Michael’s College in Vermont who argued that rescheduling will ease research.
- Erin Gorman Kirk, the state of Connecticut’s Office of Cannabis Ombudsman.
- Village Farms International, a major agricultural corporation that holds a license to grow cannabis in Canada.
