Cannabis Stakeholders Walk Tight Rope by Seeking to Contribute to Rescheduling Hearing

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Business leaders and marijuana advocates were recently invited to take part in a hearing about cannabis rescheduling set for next month. The participants, all twenty-five of them, were listed in a letter penned by Chief Administrative Law Judge John Mulrooney II of the Drug Enforcement Administration. The witnesses were selected by DEA Administrator Anne Milgram.

During the hearing, the participants will be required to explain why maintaining the drug’s current schedule is unjustified. The legal threshold also requires that witnesses explain how they will be impacted negatively by cannabis’ rescheduling to Schedule III of the Controlled Substances Act.

This means that all intending to take part in the process have to argue that the drug’s current schedule is unwarranted while asserting that its reclassification without implementing other controls would also affect them negatively.

All witnesses were required to present a brief filing by November 12th, describing how they’d be displeased by cannabis’ rescheduling. During the upcoming hearing, Mulrooney will decide those that’ll be permitted to present testimonies or evidence next year.

Thus far, a number of organizations have filed their briefs. This includes:

  • My Florida Green, an application that allows eligible medical cannabis patients in Florida to locate physicians and join the registry
  • Village Farms International, a produce giant based in Florida that owns licensed marijuana producer, Pure Sunfarms
  • The Commonwealth Project, an organization based in Massachusetts that advocates for medical cannabis use as an alternative to opioids
  • The National Cannabis Industry Association, a trade association that serves the marijuana industry

In its filing, the National Cannabis Industry Association argues that rescheduling could unintentionally establish federal protections to new cannabinoids like THC-O and delta-10 THC, which are banned or restricted in some states. This is based on reasoning that cannabis rescheduling would reclassify any cannabinoid not included in the Controlled Substances Act.

In its filing, the Commonwealth Project argued that it’d be negatively impacted if the drug’s reclassification was done without rules taking into account the move’s effect for persons aged 65 and above. This, the organization notes, isn’t a part of the DEA’s proposed regulation.

Village Farms added that as a global firm operating in Canada’s marijuana market, the drug’s current classification in America meant the drug couldn’t be brought into the American market without the company risking its status, given its listing on the NASDAQ.

Village Farms then noted that while rescheduling wouldn’t solve this issue right away, it would decrease the perceived risk linked to doing business with cannabis firms. This step would also facilitate the firm’s entrance into the American market.

Enterprises like Trulieve Cannabis Corp. (CSE: TRUL) (OTCQX: TCNNF) will be watching to see how the rescheduling hearing proceeds and the effects it could have on the final decision made about the federal classification of marijuana.

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