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Marijuana Moment

A top marijuana reform group is asking the Drug Enforcement Administration (DEA) to reconsider the decision to exclude it from participating in a hearing on the Trump administration’s cannabis rescheduling proposal that is scheduled to begin next week.

Counsel for the National Organization for the Reform of Marijuana Laws (NORML), which represents the interests of people who use cannabis, filed the “emergency request for reconsideration” on Friday, saying that the “public interest will be substantially harmed if the record omits the consumer perspective.”

DEA last week announced that it had selected participants for the marijuana rescheduling hearing—and only opponents of the reform have been invited to take part, some of whom have filed litigation in an attempt to block the reform. No reform supporters who expressed intent to participate were invited.

“NORML’s exclusion, if not corrected immediately, will deprive NORML and the cannabis consumers it represents of meaningful participation in prehearing procedures, witness presentation, exhibit designation, cross-examination, legal briefing, and any other proceedings necessary to compile a complete record,” Joseph A. Bondy, who serves as chair of NORML’s board of directors, wrote to DEA Administrator Terrance Cole. “The prejudice is immediate. It cannot be cured after the hearing closes.”

According to several rejection letters Marijuana Moment has seen from cannabis reform supporters, DEA said they do not meet the definition of an “interested person” to participate because they are not “adversely affected or aggrieved by any rule or proposed rule issuable.”

NORML said in its request for reconsideration, however, that “DEA’s denial rests on a mistaken premise: that NORML is not adversely affected or aggrieved by the proposed rule because NORML supports removing marijuana from schedule I and recognizes that schedule III is preferable to schedule I.”

“That is not NORML’s position. NORML supports removal from schedule I. But NORML does not concede that schedule III is the correct final federal treatment for marijuana,” Bondy wrote. “NORML’s position is that marijuana should be removed from the CSA schedules and regulated under a cannabis-specific federal framework directed to public health, consumer safety, product integrity, youth prevention, truthful labeling, testing, research access, impaired-driving policy, anti-diversion, state-regulated market realities, and illicit-market displacement.”

“Schedule III may be better than schedule I. But it is not complete relief. It is not a coherent federal endpoint. And it is not a framework that recognizes adult cannabis consumers as lawful consumers rather than patients, research subjects, registrants, or offenders. NORML’s position is therefore directly adverse to the proposed rule. NORML does not seek participation merely to endorse the transfer of marijuana to schedule III. NORML seeks participation because the proposed rule would leave millions of adult cannabis consumers federally exposed, federally unrecognized, and subject to continuing criminal and collateral consequences, even when they participate in state-regulated adult-use systems enacted by voters and legislatures.”

The attorney wrote that the injury from Schedule III status for marijuana is “not mere ideological disappointment.”

“NORML’s members would remain subject to federal controlled-substance status and the legal consequences that flow from it. Adult-use consumers who lawfully participate in state-regulated markets would remain outside coherent federal recognition,” Bondy said. “Schedule III would preserve federal illegality for cannabis activity outside federally authorized medical, research, or registrant channels. It would continue federal-state conflict, public confusion, stigma, collateral consequences, and consumer-safety harms.”

Beyond the consumers the group represents, NORML as an organization would also be “injured in its own right.”

“A final schedule III rule that medicalizes marijuana while leaving adult-use consumers federally exposed would require NORML to devote additional organizational resources to public education, legal referrals, member communications, administrative advocacy, litigation support, chapter coordination, legislative advocacy, and correction of public confusion concerning the scope and consequences of federal rescheduling. That impairment of mission and diversion of resources independently supports NORML’s status as an interested person.”

“Excluding NORML from the hearing would cause immediate and irreparable procedural prejudice, impair the completeness and balance of the administrative record, and disserve the public interest in a full and reasoned proceeding concerning the federal legal status of marijuana,” the request for reconsideration says.

The hearing, which will be overseen by a DEA administrative law judge, will begin on June 29 and is set to conclude no later than July 15.

NORML Asks DEA To Reconsider Its Request To Participate In Marijuana Rescheduling Hearing