On May 21, 2024, the United States Department of Justice through the DEA issued a notice of proposed rulemaking (NPRM) proposing to transfer "marijuana" from Schedule I of the Controlled Substances Act to Schedule III. Schedules of Controlled Substances: Rescheduling of Marijuana, 89 Fed. Reg. 44597, 44597 (2024). In an order dated August 29, 2024 (General Notice of Hearing or GNoH) , the DEA Administrator determined that in-person hearing proceedings are appropriate and fixed a December 2, 2024 commencement date at the DEA Hearing Facility. On October 29, 2024, the DEA Administrator released a list of twenty-five “participants” (Designated Participants or DPs). However, the Hon. John J. Mulrooney, II, Chief Administrative Law Judge, issued a Preliminary Order on October 31 , stating that the DP list failed to specify whether the “participants” support or oppose the NPRM or how the “participants” satisfy the “interested person” definition set forth in the regulations.
