Lawyers for opponents of marijuana reform who are participating in the Drug Enforcement Administration (DEA) lawsuit. The Trump administration’s cannabis rescheduling proposal On the second day of the proceedings, he focused significantly on pressing a government witness about changes approved in an analysis used to determine whether drugs have approved medical value.
A separate government witness who began his testimony Tuesday focused on cannabis’ role in treating pain patients and its relative safety compared to opioids.
Under federal law, drugs with currently accepted medical use (CAMU) cannot be classified in Schedule I, the narrowest category. For years, officials used a five-part test to determine a substance’s medical usefulness, including whether its chemistry is known and reproducible, safety studies, research demonstrating efficacy, approval by qualified experts, and available scientific evidence.
But to evaluate marijuana in 2023, they switched to a new two-part analysis that examines whether current licensed health care providers operating under state law have extensive experience with the medical use of the substance and, if so, whether there is credible scientific support for at least one of the medical conditions for which it is being used.
Opponents of the reform, however, say that the change was inappropriate. Their attorneys cross-examined Dominic Chiapperino, director of the controlled substances staff at the Food and Drug Administration’s (FDA) Center for Drug Evaluation and Research and one of two DEA witnesses.
A lawyer in the states of Idaho, Indiana and Nebraska, for example, described how a 2015 review of the older marijuana study concluded that it should not be rescheduled because it had no currently accepted medical use.
When questioned, the FDA’s Chiapperino testified that the new two-part test did not exist when he and his agency colleagues began the final analysis of marijuana that led to his scheduling recommendation and that in July 2023, two months before the work was completed, officials were notified of the new approach in a letter from the assistant secretary of health.
Chiapperino also conceded that marijuana would not pass the previous five-part test. DEA attorneys objected to the line of questioning that led to that testimony, but the judge overseeing the proceedings overruled it.
Kevin Sabet, president and CEO of Smart Approaches to Marijuana, said in a video posted on social media that the approval is “truly extraordinary.”
“Let’s be clear about what that means,” he said. “It means that the government is asking for marijuana to be removed from schedule I, but it did it using a new standard instead of a standard that has been applied for years, that has been applied to all other drugs, and now in open court its witness has admitted that marijuana would not pass the standard test.”
In 2024, the Department of Justice (DOJ) Office of Legal Counsel (OLC) he said the previous five-part test was “unbelievably tight”. and said the two-part review “is sufficient to establish that a drug has CAMU, even though the drug has not been approved by the FDA and would not meet the DEA’s five-part test.”
The DEA has since took a new approach to evaluating cannabis for CAMU and then it has been used to evaluate other substances.
While the reconsideration proceedings are not broadcast live to the public, Marijuana Moment, at the request of one congressman and others, spoke with several people in the hearing room to find out how the testimony is going. Quotations from participants come from source notes and have not been verified, as official transcripts have not yet been made available.
On Monday, the first day of the hearing, DEA attorneys highlighted the testimony the medical benefits of marijuana and its relative safety compared to other substances such as alcohol and opioids.
Also Tuesday, the government’s second witness, Corey Burchman, a doctor from New Hampshire, began his testimony, focusing on how Medical marijuana provides relief to pain patients and can serve as an alternative to opioids.
When medical cannabis became available, he and his colleagues “would eagerly use that ability to limit opioids,” he said, adding that some patients were able to wean themselves off prescription painkillers entirely. It was “positive” and “beneficial to patients,” he said.
“It’s very helpful as a form of analgesia in chronic pain patients,” Burchman noted.
He also discussed the relative safety and effects of cannabis and opioids.
“Withdrawal from opioids is like a dumpster fire,” he said. “Withdrawal from marijuana is like extinguishing a bright campfire.”
Before Monday’s hearing, marijuana reform activists rallied They held a press conference outside DEA headquarters to highlight how they feel of the process – criticizing the fact that supporters of the reform were not invited to participate and that the proceedings are not reproduced live, despite the “transparency” oath of the officials.
DEA Administrator Terrance Cole only organizations and individuals opposed to marijuana reform have been invited to the hearing as a designated participant – telling followers that they do not meet the definition of “interested person” to participate because they are not “affected or prejudiced by any rule or proposed rule that may be issued.”
last week, Marihuana Moments sent petitions to DEA Chief Administrative Law Judge Derek Julius and DEA Administrator Cole asking for them reverse the decision to ban the public from tuning into the cannabis hearing via live stream. A Congressmen and other journalists later joined that request.
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The opponents who are participating in the hearing submitted statements last week anticipate the anti-marijuana arguments they intend to make during the procedure.
The hearing it will end before July 15.
Acting Attorney General Todd Blanche in April He issued an order that immediately reclassified the state’s licensed medical cannabisas well as marijuana products approved by the Food and Drug Administration (FDA) under Schedule I through Schedule III of the Controlled Substances Act (CSA).
According to a separate order signed by the acting attorney general, the upcoming hearing will include Class III marijuana.
Preliminary hearing process on the marijuana redistricting process initiated by the Biden administration It was halted last year amid allegations of improper communications and witness selection.
the current The marijuana redistricting process is being challenged in several ways which have been upheld by a federal Court of Appeals. those pieces of State attorneys general have filed lawsuits against cannabis reform, Opponents of marijuana legalization and a a cannabis-based biopharmaceutical corporation.
Meanwhile, the reorganization of state-licensed medical cannabis is already having a major impact.
The Congressional Research Service published a report on the current rescheduling of cannabis Certified patients with medical marijuana from state licensed dispensaries are now eligible for Class III. “The order appears to allow end users to use marijuana medically without a CSA prescription,” he says.
The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) has published a Draft update to a gun purchase form to recognize the legal status of medical marijuana in the reprogramming. The revised section of the question states that only the “recreational use or possession of marijuana” is federally prohibited, omitting the prior form’s mention of medical cannabis.
The US Treasury and Internal Revenue Service (IRS) said they plan to issued new tax guidelines for the marijuana industry after reprogramming. The reform will benefit state-licensed marijuana businesses by allowing them to take federal tax deductions that are currently prohibited under IRS Code Section III, known as Section 280E.
Even the DEA, which has long opposed cannabis legalization and accused the Biden administration of stalling the initiative in the reorganization process, has done so. It launched a registration process for legal marijuana businesses in the state to take advantage of the federal benefits that come with the reform.
The Department of Transport, on the other hand, issued guidelines stating this use Legal medical cannabis in the state is still no excuse for truck drivers to test positive for drugspilots and other safety-sensitive personnel.
A congressional committee recently Federal officials voted to block further steps to reschedule cannabishowever lawmakers from both parties told Marihuana Moment they don’t think that provision will be enacted become law
user photo Carlos Gracia.