Policy
The DEA hearing is over. The government's own witness just handed cannabis a win.
Three weeks of testimony ended July 15 with an unexpected concession from an opposition witness — and now the fight moves from a courtroom to paperwork nobody outside D.C. will read.
By The Crushed Desk · 5d ago · 5 min read
Photo: Business of Cannabis
The DEA's rescheduling hearing closed July 15 at the agency's Arlington facility, wrapping two and a half weeks of testimony from seven witnesses the DEA itself hand-selected — all of them, notably, opponents of moving cannabis off Schedule I. That lineup was supposed to build the strongest possible case against rescheduling. It didn't quite work out that way.
The moment that mattered came from the government's own side. Dr. Bertha Madras, a Harvard psychiatry professor called specifically to argue against the move, acknowledged under questioning that cannabis "meets the statutory criteria for Schedule III" — even while maintaining it lacks the pharmaceutical consistency regulators usually expect. Meanwhile DEA pharmacologist Dr. Luli Akinfiresoye pushed back using a stricter legal test for "currently accepted medical use," a standard the agency's own broader position now treats as outdated. Two witnesses on the same side of the hearing, pointing in different directions.
There's no closing-argument moment to watch for. Chief Administrative Law Judge Derek Julius doesn't want speeches — he wants briefs, filed after the fact, laying out what each side thinks the record actually shows. From there, Julius issues a recommended decision, both sides get 20 days to file exceptions, and the full record moves to the DEA Administrator for the actual call. That decision can still be appealed to a federal circuit court, so "final" is relative.
For anyone running a shop or a grow, nothing changes this week. State-licensed medical cannabis already got Schedule III treatment back in April, so those operators are already deducting ordinary business expenses instead of eating 280E. What this hearing decides is whether the rest of the industry — adult-use, non-medical-licensed product — gets the same relief. There's no statutory deadline forcing the Administrator's hand, so the stocks that have spent the year pricing in a fast win should probably brace for a slower one.
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