By Anthony Deininger, Law Student

Well, what does that mean to you? Because there is little left that anyone can say.

Just a whole lot left for us to heal from.

As I sit here writing to you, I cannot help but think of the only truly pure soul that I have ever met. She is not with us anymore—daily talcum powder use from Johnson & Johnson caused my late aunt to develop ovarian cancer—resulting in her passing just a couple of years ago.

I could tell you about how medical cannabis has helped me in my own life. But what it did for her was so much more—and it is why the current rulemaking process moving marijuana to schedule III should be completed as soon as possible.

In her final weeks, what medical cannabis gave her was not just relief from pain, a “high” to escape to, or a way to reclaim her appetite from chemo. It gave her a chance.

The chance to be with us. To feel like herself. To watch videos of one of her nephews bowl (she would be so proud to know that he just bowled a perfect 300 game before even reaching high school).

There has been talk of the Controlled Substances Act’s “five-factor” test and debates of “currently accepted medical use.” Like many of you, I am too tired to debate this anymore. I just want us to move on and to stop sitting by while the powers that be allow some made up test—or whatever today’s reason is—from helping someone feel a little joy in their worst moments. When did we sign up for that?

While my work on the subject may not be as perfect as my cousins bowling, I hope it makes my aunt proud all the same. I also hope that someone is listening, because this decision cannot be postponed for a single day longer than is absolutely required.

C.F.R. § 1308.45 governs when the final rescheduling rule may take effect and states that it, “shall not be less than 30 days from the date of publication in the Federal Register unless the Administrator finds that conditions of public health or safety necessitate an earlier effective date. . . .”

I am not going to pretend I am a scientist, or public health expert, or sit here from my living room and preach to the choir about why this decision necessitates an earlier effective date. I can only tell my story—just as the tens of thousands of others did during public comment—and just as millions of others have done through the years.

The difference is that this time our voices are being heard. As to the current DEA hearings, the public comment record is being used as evidence that marijuana does not belong in the same classification as heroin, for the first time ever. In 2024, the now-retired administrative law judge presiding over the rescheduling of marijuana stated that “the 43k+ comments are not evidence, they cannot be. Congress understood that when it drafted the [Administrative Procedures Act], as did the Agency when it drafted its regulations.”

ALJ Mulrooney went on to say: “Admitting the Comments into a hearing record where they cannot be considered would indeed be a pointless exercise. On a more pragmatic level, to attempt to foist a gargantuan mass of inadmissible comments on the tribunal risks the appearance (even if subjectively unwarranted) of a dilatory tactic inflicted on the trier of fact by the agency that represents itself as the proponent.”

Is that even English? Are you confused enough to let your guard down yet? That is how it works—tell you that your voice is pointless—then hide behind a bunch of words that means nothing to anyone. You know what that risks the appearance of? A dilatory tactic inflicted as a “f*** you” to science, the American public, and the law.

My argument in The Opportunity to be Heard: Post-Loper Bright Analysis of the Controlled Substances Act Rulemaking Procedures argues that Congress understood the exact opposite—that the Controlled Substances Act and Administrative Procedures Act read together empower the voice of the people—and that the Agency’s interpretation to the contrary no longer mattered. Not after all they have done to distract from and ignore the real issues facing this country.

While the opioid crisis raged, we increased penalties for simple possession of marijuana. While fentanyl flooded the black market, we locked up users and ignored suppliers. All while corporate executives got away with contaminating products, falsifying research, and causing even worse harm than the Parade of Horribles we were told to fear if common-sense drug policy ever prevailed.

Well, it has. Following the historic and courageous decision by President Trump in December to reschedule marijuana, the now-judge in the DEA hearings that began Monday has allowed the public comments to enter into evidence. Further actions signal that unlike previous attempts, this one should be quick, and without the tricks that came prior.

There are those out there who do not have much longer. Each day makes a difference.

“So open up your morning light

And say a little prayer for I

You know that if we are to stay alive

Then see the peace in every eye”