“This may be an encouraging sign for those advocating for the rescheduling of cannabis in a way that will survive the inevitable legal challenge(s) that would follow rescheduling.”
By Brett Schuman and Adam Horowitz, Goodwin Procter LLP
On Monday, the Drug Enforcement Administration (DEA) began a hearing concerning the potential rescheduling of cannabis from Schedule I to Schedule III under the Controlled Substances Act (CSA) of 1970. DEA recently announced the list of participants invited to speak at the hearing, and all have expressed opposition to rescheduling. Indeed, not a single supporter of rescheduling who sought to participate has been invited to speak.
This has, unsurprisingly, been met with skepticism (to put it mildly) from many in the industry. But there is another way to look at DEA’s approach to selection of the participants: this may be an encouraging sign for those advocating for the rescheduling of cannabis in a way that will survive the inevitable legal challenge(s) that would follow rescheduling.
As an initial matter, it is worth mentioning that this hearing does not concern the rescheduling of Food and Drug Administration (FDA)-approved products containing cannabis or medical cannabis products that were rescheduled to Schedule III pursuant to the
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