[Federal Register Volume 89, Number 168 (Thursday, August 29, 2024)]
[Proposed Rules]
[Pages 70148-70149]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-19370]
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DEPARTMENT OF JUSTICE
Drug Enforcement Administration
21 CFR Part 1301
[Docket No. DEA-1362]
RIN 1117-AB77
Schedules of Controlled Substances: Rescheduling of Marijuana
AGENCY: Drug Enforcement Administration, Department of Justice.
ACTION: Notice of hearing on proposed rulemaking.
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SUMMARY: This is notice that the Drug Enforcement Administration will
hold a hearing with respect to the proposed rescheduling of marijuana
into schedule III of the Controlled Substances Act. The proposed
rescheduling of marijuana was initially proposed in a Notice of
Proposed Rulemaking published in the Federal Register on May 21, 2024.
DATES: Interested persons desiring to participate in this hearing must
provide written notice of desired participation as set out below, on or
before September 30, 2024.
The hearing will commence on December 2, 2024, at 9 a.m. ET at 700
[[Page 70149]]
Army Navy Drive, Arlington, VA 22202. The hearing may be moved to a
different place and may be continued from day to day or recessed to a
later date without notice other than announcement thereof by the
presiding officer at the hearing. 21 CFR 1316.53.
ADDRESSES: To ensure proper handling of notification, please reference
``Docket No. DEA-1362'' on all correspondence.
Electronic notification should be sent to [email protected].
Paper notification sent via regular or express mail should
be sent to Drug Enforcement Administration, Attn: Administrator, 8701
Morrissette Drive, Springfield, Virginia 22152.
FOR FURTHER INFORMATION CONTACT: Drug and Chemical Evaluation Section,
Diversion Control Division, Drug Enforcement Administration; Telephone:
(571) 362-3249. Email: [email protected].
SUPPLEMENTARY INFORMATION:
Background
On May 21, 2024, the Department of Justice published a notice of
proposed rulemaking (NPRM) to transfer marijuana from schedule I of the
Controlled Substances Act (CSA) to schedule III of the CSA, consistent
with the view of the Department of Health and Human Services (HHS) that
marijuana has a currently accepted medical use, has a potential for
abuse less than the drugs or other substances in schedules I and II,
and that its abuse may lead to moderate or low physical dependence or
high psychological dependence.\1\ The CSA requires that such actions be
made through formal rulemaking on the record after opportunity for a
hearing. 21 U.S.C. 811(a).
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\1\ Schedules of Controlled Substances: Rescheduling of
Marijuana, 89 FR 44597 (May 21, 2024).
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The NPRM stated that if the transfer to schedule III is finalized,
the regulatory controls applicable to schedule III controlled
substances would apply, as appropriate, along with existing marijuana-
specific requirements and any additional controls that might be
implemented, including those that might be implemented to meet U.S.
treaty obligations. If marijuana is transferred into schedule III, the
manufacture, distribution, dispensing, and possession of marijuana
would remain subject to the applicable criminal prohibitions of the
CSA. Any drugs containing a substance within the CSA's definition of
``marijuana'' would also remain subject to the applicable prohibition
in the Federal Food, Drug, and Cosmetic Act (FDCA).
The NPRM invited interested parties to submit requests for hearing
on or before June 20, 2024. DEA received numerous requests for a
hearing in response to the NPRM.
Upon review of the requests for a hearing, I am authorizing a
hearing to be conducted in accordance with the Administrative Procedure
Act (5 U.S.C. 551-559), the CSA (21 U.S.C. 811, et seq.) and the DEA
regulations.
Hearing Notification
Pursuant to 21 U.S.C. 811(a) and 21 CFR 1308.41, DEA will convene a
hearing on the NPRM. The hearing will commence on December 2, 2024, at
9 a.m. ET at the DEA Hearing Facility, 700 Army Navy Drive, Arlington,
VA 22202. The hearing will be conducted pursuant to the provisions of 5
U.S.C. 556 and 557, and 21 CFR 1308.41-1308.45, and 1316.41-1316.68.
DEA is committed to conducting a transparent proceeding. Regarding the
methods of public access, DEA will provide updates on the DEA website,
https://www.dea.gov.
In accordance with 21 U.S.C. 811 and 812, the purpose of the
hearing is to ``receiv[e] factual evidence and expert opinion
regarding'' whether marijuana should be transferred to schedule III of
the list of controlled substances. 21 CFR 1308.42.
Every interested person (defined in 21 CFR 1300.01(b) as ``any
person adversely affected or aggrieved by any rule or proposed rule
issuable'' under 21 U.S.C. 811), who wishes to participate in the
hearing shall file a written notice of intention to participate for
review by the Agency. Electronic filing may be made as a PDF attachment
via email to the Drug Enforcement Administration, Attn: Administrator
at [email protected], on or before 11:59 p.m. Eastern Time on September 30,
2024. If filing by mail, written notice must be filed with the Drug
Enforcement Administration, Attn: Administrator, 8701 Morrissette
Drive, Springfield, VA 22152, and must be postmarked on or before
September 30, 2024. Paper requests that duplicate electronic
submissions are not necessary and are discouraged.
Each notice of intention to participate must conform to 21 CFR
1308.44(b) and in the form prescribed in 21 CFR 1316.48. Among those
requirements, such requests must:
(1) State with particularity the interest of the person in the
proceeding;
(2) State with particularity the objections or issues concerning
which the person desires to be heard; and
(3) State briefly the position of the person regarding the
objections or issues.
Any person who has previously filed a request for hearing or to
participate in a hearing need not file another request; the request for
hearing is deemed to be a notice of appearance under 21 CFR 1308.44(b).
After the deadline to request to participate in the hearing, I will
assess the notices submitted and make a determination of participants.
Following that assessment, I will designate a presiding officer to
preside over the hearing. The presiding officer's functions shall
commence upon designation, as provided in 21 CFR 1316.52. The presiding
officer will have all powers necessary to conduct a fair hearing, to
take all necessary action to avoid delay, and to maintain order. Id.
The presiding officer's authorities include the power to hold
conferences to simplify or determine the issues in the hearing or to
consider other matters that may aid in the expeditious disposition of
the hearing; require parties to state their position in writing; sign
and issue subpoenas to compel the production of documents and materials
to the extent necessary to conduct the hearing; examine witnesses and
direct witnesses to testify; receive, rule on, exclude, or limit
evidence; rule on procedural items; and take any action permitted by
the presiding officer under DEA's hearing procedures and the APA. Id.
Comments on or objections to the proposed rule submitted under 21
CFR 1308.43(g) will be offered as evidence at the hearing, but the
presiding officer shall admit only evidence that is competent,
relevant, material, and not unduly repetitive. 21 CFR 1316.59(a).
Anne Milgram,
Administrator.
[FR Doc. 2024-19370 Filed 8-26-24; 4:45 pm]
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