DEA Seeks to Compel FDA Officials to Testify in Marijuana Rescheduling Hearings
The Drug Enforcement Administration (DEA) is asking a judge to issue subpoenas to compel four Food and Drug Administration (FDA) officials to testify in upcoming hearings on the Biden administration’s proposal to reschedule marijuana from a Schedule I to a Schedule III controlled substance.
The DEA filed a motion with Administrative Law Judge John Mulrooney, stating that it anticipates issuing subpoenas for testimony from the FDA officials, despite the Department of Health and Human Services (HHS) previously advising the agency that it would not voluntarily participate.
The DEA is seeking to introduce tens of thousands of public comments it received as part of the rulemaking process as evidence, despite Judge Mulrooney’s prehearing ruling that such comments “are not evidence” and “cannot be” admitted into the hearing.
The agency is also seeking to introduce testimony from the FDA officials, who will discuss the scientific and medical evaluations in the HHS Eight Factor analysis that is the basis for the proposed rulemaking. The witnesses will testify about the potential for abuse, the currently accepted medical use of marijuana, and the risks to public health posed by marijuana.
The DEA’s motion comes as advocates have raised concerns about the agency’s role as the “proponent” of the proposed rule and whether it may insert bias into the hearing process. The agency has also been criticized for its handling of the witness selection process and its refusal to provide witnesses from the FDA.
The hearings are set to commence on January 21, and the DEA’s motion is the latest development in a contentious process that has generated significant public interest. The rescheduling of marijuana would free up licensed cannabis businesses to take federal tax deductions and remove certain research barriers, but it would not federally legalize marijuana.
The Biden administration has faced criticism for its handling of the marijuana rescheduling process, with some lawmakers and advocates calling for a more transparent and inclusive process. The administration has also faced pushback from some lawmakers who have expressed concerns about the potential impact of rescheduling marijuana on public health and safety.
