DEA Excludes Cannabis Reform Advocates From Rescheduling Hearing, Drawing Criticism

A coalition of marijuana legalization advocates protested outside the Drug Enforcement Administration (DEA) headquarters on Monday, voicing concerns over being excluded from a critical hearing on cannabis rescheduling. The hearing, overseen by a DEA administrative law judge, will review a proposal to move cannabis from Schedule I to Schedule III under the Controlled Substances Act. Activists criticized the agency for only inviting opponents of marijuana reform to participate and for refusing to livestream the proceedings, despite previous assurances of transparency

Kat Murti, executive director of Students for Sensible Drug Policy, highlighted the exclusion of groups and individuals who have long championed cannabis policy reform, including former prisoners and medical experts. "Many of them asked to participate in today’s hearing. All of them were denied their expertise, their experiences, their voices, their lives," Murti said during the sidewalk press conference. She emphasized that the DEA's decision silences those most impacted by federal cannabis policy, stating, "None of that will be heard inside the DEA courtroom."

DEA Administrator Terrance Cole reportedly invited only organizations and individuals opposing marijuana reform, arguing that supporters do not qualify as "interested persons" because they are not adversely affected by the proposed rule. While the DEA will present a doctor to testify on the medical benefits of marijuana, advocates remain skeptical about the agency's commitment to genuine reform. Robert Rush of the Rights and Reason Project questioned the agency's intentions, saying, "We’ve witnessed what’s gone on for decades and decades with the DEA, and how they’ve treated cannabis—but more importantly, how they’ve treated the people who use cannabis—and we’re supposed to believe that the DEA will advocate, and they will fight for adult use to move off a Schedule I, and they’re going to represent the people here?"

Public calls for transparency have intensified, with Rep. Steve Cohen (D-TN) urging the DEA to allow real-time public access to the hearing through livestreaming. In a letter to DEA leadership, Cohen wrote, "Live streaming technologies have become ubiquitous and a common way Americans interact with the government." Despite this, the DEA maintained that the hearing would not be broadcast, though transcripts would be made available after proceedings conclude. Advocates argue that delayed transcripts do not provide meaningful transparency for such a consequential issue

The hearing follows a history of stalled or contentious rescheduling processes, with the current push facing multiple lawsuits from state attorneys general, legalization opponents, and industry stakeholders. Meanwhile, recent administrative changes have already impacted the legal landscape: medical marijuana from state-licensed dispensaries has been reclassified, providing certain protections for certified patients and prompting updates to federal forms and tax guidance. However, some federal agencies, like the Department of Transportation, continue to enforce strict prohibitions for safety-sensitive workers, reflecting ongoing regulatory complexity

OG Lab notes that the exclusion of reform advocates from a pivotal DEA hearing signals persistent institutional resistance to cannabis policy change, even as legal and regulatory frameworks continue to evolve. The outcome of this process will likely shape the future of cannabis regulation in the United States, making transparency and inclusive participation more important than ever