By Steve Neavling
As the federal government considers easing restrictions on marijuana, the DEA faces a legal challenge from cannabis-reform advocates who accuse it of improperly influencing a key court hearing.
The hearing, scheduled for early next year, is a critical step in the Biden administration’s push to reclassify marijuana as a Schedule III substance, lowering its regulatory status, The Washington Post reports.
Advocates, including veterans’ groups and cannabis companies, filed a motion to disqualify the DEA from overseeing the hearing, alleging the agency engaged in improper communications with anti-marijuana groups to undermine the proposal.
Shane A. Pennington, an attorney for the advocates, wrote that “the DEA has stacked the deck” by excluding prominent experts and including witnesses from anti-legalization organizations such as Smart Approaches to Marijuana (SAM).
SAM’s president, Kevin Sabet, dismissed the claims as “frivolous,” saying, “If we were colluding with the DEA, there wouldn’t be any hearing at all.”
The proposed rule, submitted by the Justice Department in April, seeks to move marijuana from Schedule I — a category reserved for drugs like heroin with no accepted medical use — to Schedule III, alongside substances like ketamine. The shift could expand marijuana research and allow cannabis businesses to claim tax deductions denied to Schedule I entities.
“There is irrefutable scientific evidence and strong bipartisan support for reclassifying cannabis,” Adam Goers, chair of the Coalition for Cannabis Scheduling Reform, said. “We are confident that, if there is a fair and impartial process, this historic shift will be completed soon.”
The reclassification effort has sparked debate across party lines. Although President-elect Donald Trump has expressed support for easing marijuana regulations, including backing a Florida ballot measure for recreational use, GOP leaders remain divided.
Incoming Senate Majority Leader John Thune, R-S.D., has criticized the proposal, saying it “circumvented DEA” and lacked scientific rigor.
The nomination of Trump ally Matt Gaetz as attorney general has further energized cannabis advocates. Gaetz, a vocal supporter of marijuana policy reform, has called for expanded banking access for cannabis companies and expressed openness to legalization. However, his confirmation prospects are uncertain due to opposition within his own party and unresolved legal issues.
