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Lawyers for the Drug Enforcement Administration and the Food and Drug Administration this week began making their case for reclassifying cannabis under federal drug laws at a hearing before a DEA administrative law judge. The hearing is considering a Trump administration proposal to move cannabis from Schedule I of the federal Controlled Substances Act to Schedule III, a move that would ease cannabis research and provide economic benefits to the regulated cannabis industry.
The hearing puts the DEA, the agency that has spearheaded the federal war on cannabis for decades, in the unfamiliar position of advocating for the plant and its safety. Because the proposed rule change originated with the DEA, it is acting as the proponent for rescheduling, giving the agency the responsibility of defending the reform throughout the proceedings.
Despite the Trump administration’s April rescheduling of state-legal medical cannabis and FDA-approved cannabis medications, DEA attorney James J. Schwartz said the hearing is “not about recreational use of marijuana” and is about “regulation, not legalization,” Marijuana Moment reported.
“The government is not putting forth any evidence to suggest marijuana is not dangerous. All controlled substances are dangerous, said Schwartz. “However, controlled substances must be evaluated by risks they pose, balanced by medical benefits they provide.”
On Monday, the first day of the hearing, government attorneys previewed their case by saying drug experts would testify that cannabis is safer than alcohol and opioids. Dominic Chiapperino, the head of the controlled substance staff with the Food and Drug Administration’s Center for Drug Evaluation and Research, explained how federal health officials decided that cannabis should be rescheduled, saying they had used a new two-part test to determine that cannabis has a currently accepted medical use. The DEA had previously relied on a five-part test which, when applied to cannabis in 2015, determined that the plant did not have a currently accepted medical use.
Witnesses Testify About Cannabis’ Safety and Benefits
Chiapperino also compared withdrawal experienced by regular substance users, saying that symptoms of cannabis withdrawal, which can include irritability, are similar to those of tobacco withdrawal. Alcohol, on the other hand, has a “more severe withdrawal syndrome” that can lead to seizures or even death.
During the first day of the hearing, a DEA attorney told the administrative law court that New Hampshire physician Corey Burchman would offer testimony on how “medical marijuana provides a medical benefit to pain patients.” He added that the medical doctor would “describe real-world impacts of treatment of pain with marijuana instead of opioids” based on his experience with both substances.
Burchman also planned to discuss how he has “personally transitioned patients from opioids to marijuana for their pain,” the DEA lawyer said.
When he took the stand to testify on Tuesday, Burchman described how he and other physicians reacted to the legalization of medical cannabis, saying that once the alternative was available, they would “avidly use that ability to limit opioids.” He also noted that some patients were able to end their use of opioids entirely and characterized medical cannabis as a “positive” alternative that “benefitted patients.”
“It is extremely helpful in chronic pain patients as a means of analgesia,” Burchman testified, according to a report from Marijuana Moment.
The hearing will also include testimony from several “interested persons” who maintain they will be harmed by the rescheduling proposal, including attorneys for the states of Idaho, Indiana, and Nebraska and the prohibitionist group Smart Approaches to Marijuana. DEA Administrator Terrance Cole declined to invite cannabis reform advocates, saying they are not “adversely affected or aggrieved” by the proposal.
The DEA’s cannabis rescheduling hearing is scheduled to conclude by July 15.
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The information in this article and any included images or charts are for educational purposes only. This information is neither a substitute for, nor does it replace, professional legal advice or medical advice, diagnosis, or treatment. If you have any concerns or questions about laws, regulations, or your health, you should always consult with an attorney, physician or other licensed professional.
