Proposal to Change DEA Marijuana Schedule Moving Slowly

The timeline for the Drug Enforcement Administration (DEA) to complete its rulemaking relating to marijuana may take longer than expected, given a recent development.

In May, the DEA issued a regulatory proposal to transfer marijuana from Schedule I to Schedule III of the Controlled Substances Act (CSA). In August, following the completion of a public comment period, the DEA published notice that it would conduct a hearing before an administrative law judge (ALJ), beginning December 2, for review of the proposal. The timing of the hearing is important, as it is a necessary step to complete the rulemaking process, and many stakeholders, including LeadingAge, are interested to know whether the proposed rule will be finalized and what it will contain.

The DEA notice invited individuals and organizations "adversely affected or aggrieved" by the proposed rule - and wishing to provide testimony or other evidence in the hearing - to submit a notice of intent to participate by September 30 and, in late October, presented the ALJ with a list of 25 organizations DEA had designated to be participants. However, the judge found the information DEA submitted to be incomplete and will devote December 2 to reviewing additional information from the DEA-designated hearing participants, including how they would be adversely affected by the proposed regulation.

LeadingAge summited a comment letter in support of the proposed rescheduling, but did not request to participate in the legal proceeding, as we did not view ourselves as adversely affected and given the technicality of the issues to be addressed. The presentation of testimony and other evidence as part of the hearing process is not expected until January or February 2025, meaning a multi-month process lies ahead. We will continue to monitor these proceedings and provide updates for members.