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MARIJUANA MOMENT
DEA AGREES TO HOLD HEARING ON PROPOSED BAN OF TWO PSYCHEDELICS AMID PUSHBACK
FROM RESEARCHERS
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POLITICS
DEA AGREES TO HOLD HEARING ON PROPOSED BAN OF TWO PSYCHEDELICS AMID PUSHBACK
FROM RESEARCHERS
Published
5 hours ago
on
April 2, 2024
By
Kyle Jaeger
The Drug Enforcement Administration (DEA) has scheduled an administrative
hearing to get additional feedback from experts about its renewed push to ban
two psychedelics after abandoning its original scheduling proposal in 2022.
More than a year after DEA announced its intent to classify
2,5-dimethoxy-4-iodoamphetamine (DOI) and 2,5-dimethoxy-4-chloroamphetamine
(DOC) as Schedule I drugs under the Controlled Substances Act (CSA), the agency
has agreed to hold a hearing before issuing a final rule.
DEA Administrator Anne Milgram signed off on the hearing notice on Thursday. It
says that the agency’s administrative law judge will convene the meeting on June
10, at the request of three interested parties, including Panacea Plant
Sciences, which had filed a motion contesting the proposed scheduling action
last year.
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Panacea Plant Sciences founder and CEO David Heldreth told Marijuana Moment on
Monday that the company is “prepared to fight the DEA attempt to schedule DOI &
DOC.”
“Beyond the scheduling attempt, we believe the DEA administrative law judges and
system are unconstitutional,” he said, arguing that there’s legal precedent
based on prior Supreme Court rulings. “We expect to file federal challenges to
the ALJ prior to the hearing.”
In its notice about the psychedelics ban last year, DEA said its arguments about
the merits of the scheduling action remained the same as in its prior abandoned
ban attempt. It is maintaining that DOI and DOC hold high abuse potential with
no established medical value. But it also notably described a change in the
process to request an administrative hearing, which left some with the
impression that the agency was deliberately complicating the procedure in the
face of likely challenges from the psychedelics research community.
But, ultimately, DEA accepted the multiple requests for a hearing.
“Upon review of the requests for hearings, I have authorized a hearing, and
direct the Chief Administrative Law Judge to assign the matter to an
Administrative Law Judge who will complete all prehearing procedures, conduct a
due process hearing…and issue a recommended decision for the Agency’s review and
action,” Milgram said.
A DEA spokesperson told Marijuana Moment on Monday that they expect the notice
to be posted on the online docket on Tuesday.
DEA backed down off its original proposed ban of the psychedelics following
challenges from Panacea and researchers from Emory University. It remains to be
seen how the agency will navigate the scheduling issue following the hearing
with experts.
DEA separately withdrew from a proposal to ban five different tryptamine
psychedelics in 2022 amid sizable pushback from the research and advocacy
communities.
For DOI and DOC, the agency’s 2023 notice about the scheduling proposal still
lacks evidence that directly connects the compounds to serious adverse health
events or demonstrated a high abuse potential.
“To date, there are no reports of distressing responses or death associated with
DOI in medical literature,” it says. “The physiological dependence liability of
DOI and DOC in animals and humans is not reported in scientific and medical
literature.”
DEA said that anecdotal reports posted by people online signaled that the
substances have hallucinogenic effects, making it “reasonable to assume that DOI
and DOC have substantial capability to be a hazard to the health of the user and
to the safety of the community.”
It did point to one report of a death of a person who had used DOC in
combination with two other unspecified drugs—as well as two reports of
hospitalizations that it said were attributable to the use of DOC with other
drugs—but scientists say that hardly constitutes reason enough to place them in
the most strictly controlled schedule.
Meanwhile, DEA is also under significant public and political pressure to
complete its review into marijuana scheduling after the agency received a
recommendation to move cannabis to Schedule III of the CSA from the U.S.
Department of Health and Human Services (HHS).
A DEA official recently said on a podcast that the agency wants to “correct
misperceptions” that its drug scheduling review process is done in a “shroud of
secrecy” as it works to reach a final decision. He also said it sometimes takes
up to six months for DEA to complete its analysis of health officials’
recommendations—which is just about how long it has now been since the agency
began its current cannabis assessment.
Vice President Kamala Harris recently urged DEA to finalize its cannabis review
“as quickly as possible” and called it “absurd” and “patently unfair” that
marijuana remains in Schedule I alongside drugs such as heroin.
President Joe Biden has also routinely touted his role in directing the
marijuana scheduling review, including during his State of the Union address
last month and in a new proclamation designating April as “Second Chances
Month.”
Read DEA’s notice about the psychedelics scheduling hearing below:
> Top Marijuana Advocacy Groups End Merger Talks Despite Fundraising Challenges
Photo courtesy of Wikimedia.
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Kyle Jaeger
Kyle Jaeger is Marijuana Moment's Sacramento-based managing editor. His work has
also appeared in High Times, VICE and attn.
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