[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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