Over 2,500 pages of testimony from the U.S. Drug Enforcement Administration’s marijuana rescheduling proceedings are now available to the public following the release of transcripts from the 11-day hearing that ended July 15 in Virginia.
Derek C. Julius, the agency’s chief administrative law judge, issued the finalized records on August 25. His next step is to prepare a nonbinding decision on whether cannabis should remain in Schedule I or be transferred to Schedule III. The recommendation will then proceed to DEA Administrator Terry Cole for consideration.
Those involved in the hearing represented federal agencies, law enforcement groups, medical professionals, advocacy organizations, and families affected by drug-related issues.
The DEA called Dr. Dominic Chiapperino, a Food and Drug Administration official overseeing controlled-substance matters within the Center for Drug Evaluation and Research, as well as Dr. Corey Burchman, a New Hampshire physician with experience in pain treatment and anesthesiology.
The NDASA presented executive director Mary Jo McGuire and former DOT official Patrice Kelly. The Tennessee Bureau of Investigation was represented by Erica Stephens, an assistant special agent in charge of its Dangerous Drugs Task Force.
Smart Approaches to Marijuana brought testimony from Harvard psychobiologist Dr. Bertha Madras, who formerly worked with the Office of National Drug Control Policy, and Dr. Luli Akinfiresoye, a DEA pharmacologist.
Nebraska, Idaho, and Indiana jointly participated through psychiatrist Dr. Deepak D’Souza of Yale Medicine and Humboldt County Sheriff William Honsal in California. DUID Victim Voices was represented by its founder, Edward Wood.
Additional witnesses included Arizona pain specialist Dr. Kenneth Finn, Laura Stack, whose 19-year-old son Johnny died by suicide, California pharmacist Dr. Phillip A. Drum, and Colorado emergency physician Dr. Karen Randall.
The publication of the corrected transcripts begins the next stage of the administrative process. Under federal regulations, designated participants have 20 days to challenge portions of Julius’ proposed findings, legal conclusions, or recommendation.
Any objections must explain the grounds for the challenge and identify supporting evidence from the hearing record, including precise references to transcript pages and exhibits, as well as relevant legal authorities.
After reviewing any exceptions, Judge Julius will forward his recommendation and the administrative record to Administrator Cole. The administrator will ultimately determine whether to proceed with a change in marijuana’s federal scheduling. Whatever action the DEA takes, or chooses not to take, could face judicial scrutiny if an unsuccessful participant pursues an appeal in court.
Marijuana companies like Aurora Cannabis Inc. (NASDAQ: ACB) (TSX: ACB) will be following the rescheduling process until a final ruling is issued and any necessary changes are made to the federal Controlled Substances Act.
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