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DEA Plans Cannabis Rescheduling Hearing on December 2nd – Ganjapreneur (19459000)

Tue / Aug. 27th

By: Noel Abbott

The DEA has scheduled a hearing for December 2 to review expert opinions regarding the proposed rescheduling cannabis to a Schedule III substance. This is a procedural step which could delay the process till after the November elections.

The full story is below the jump.

The Drug Enforcement Administration (DEA), despite the hopes of many cannabis experts and insiders in the industry to see a change before the upcoming Presidential elections in November, has not changed the federal classification of cannabis. Hearings can be scheduled Expert opinions will be considered on December 2 for the Department of Justice proposal to reschedule cannabis from a Schedule I drug to a Schedule III under the Controlled Substances Act. This comes after a public comment period which received over Submissions totaled 40,000This led to the decision that an administrative hearing would be held after the November elections.

The hearing creates uncertainty in the timeline for a possible rescheduling. This could complicate the transition to a new administration if the rulemaking process is not completed by January. Despite the hopes of some advocates for a faster resolution, the DEA schedules hearings regularly for major public interest regulatory proposal, and this case was no exception.

If the rescheduling was finalized, cannabis would still be subject to federal law restrictions, but the same regulatory controls that apply to other Schedule III substances. Some advocates have argued this development will set the stage for large pharmaceutical companies to take over state-legal cannabis markets. However, many stakeholders in the industry believe Schedule III will allow access to financial services that are needed and remove the burden that IRS Tax Code 280E places on cannabis businesses.

The agenda for the DEA hearing is not yet known, but it is likely that both sides will be represented. The notice must be published within 30 days. Interested parties that may be affected by this policy change are required to submit an intent to participate notice.

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