DEA Resists Testimony from Pharmacologist Linked to Marijuana Harms Report During Rescheduling Hearing
The Drug Enforcement Administration (DEA) is pushing back against a request from the prohibitionist group Smart Approaches to Marijuana (SAM) to have one of its scientists, Dr. Luli Akinfiresoye, testify about the alleged harms of cannabis during an upcoming hearing on the Trump administration’s proposal to reschedule marijuana. The hearing, set to begin June 29 and run through July 15, will examine whether marijuana should be moved from Schedule I to Schedule III of the Controlled Substances Act.
Background on the Rescheduling Hearing
Acting Attorney General Todd Blanche issued an order in April that reclassified state‑licensed medical cannabis and FDA‑approved marijuana products from Schedule I to Schedule III. A separate directive calls for a more comprehensive review of moving marijuana to Schedule III, which is the focus of the forthcoming administrative hearing. The purpose of the proceeding, as outlined in Blanche’s initial notice, is to “receiv[e] factual evidence and expert opinion regarding” whether such a transfer is warranted.
The DEA, as the proponent of the rescheduling rule, will defend the proposal. However, reform advocates note the agency’s long‑standing opposition to cannabis legalization and question how vigorously it will argue for the change.
SAM’s Request and DEA’s Response
SAM, which opposes the rescheduling effort, asked that Dr. Akinfiresoye—a pharmacologist in the DEA Diversion Control Division’s Drug and Chemical Evaluation Section—be called as a witness. Dr. Akinfiresoye previously served as a DEA expert in a now‑canceled Biden‑era hearing on marijuana rescheduling. In that proceeding she submitted a report linking cannabis use to psychosis, depression, impaired cognitive functioning, and respiratory issues, and warned that state‑approved medical marijuana programs could produce “unpredictable and unintended consequences.”
In an email to SAM, DEA attorney James J. Schwartz stated that the agency does not intend to list Dr. Akinfiresoye as a witness for its case. Consequently, SAM seeks to subpoena her as its own witness under the Touhy regulations, which govern requests for federal agency testimony. DEA warned that any information sought may be shielded by the Privacy Act, law‑enforcement privilege, or other protections, and that disclosure would require prior written consent from the individuals involved or a court order.
The DEA report tied to Dr. Akinfiresoye’s earlier testimony includes statements such as:
“Cannabis impairs a wide range of psychomotor skills, including motor coordination, divided attention, and complex task performance.”
“Chronic use of cannabis can impair cognitive functioning, affecting the organization and integration of complex information, as well as impair attention and memory processes.”
“Long‑term cannabis smoking can also cause epithelial injury to the trachea and major bronchi, leading to airway inflammation, impaired pulmonary defenses, and a higher prevalence of chronic and acute bronchitis symptoms.”
The report also raises concerns about state medical marijuana laws, noting that the FDA has not approved cannabis for conditions such as AIDS wasting, epilepsy, neuropathic pain, spasticity associated with multiple sclerosis, and cancer‑related nausea, and warns that use of unapproved products carries serious safety risks.
Concerns Over Transparency and Access
Adding to the controversy, Chief Administrative Law Judge Derek Julis issued a preliminary order stating that the hearing will not be televised, livestreamed, or broadcast in any way, despite acknowledging the national public interest in the matter. The judge’s decision means that observers must attend in person in Arlington, Virginia.
Marijuana Moment, a cannabis‑focused news outlet, sent a letter to Judge Julis urging him to reconsider the ban on livestreaming. The outlet pointed out that the DEA had previously allowed livestreaming for a similar (though later canceled) hearing during the Biden administration. In the letter, Marijuana Moment’s counsel argued:
“Limited physical seating in Arlington is not a meaningful substitute for livestreaming… In a proceeding of this public significance, and in light of DEA’s prior livestreaming directive, a public hearing is not meaningfully public if access depends on the happenstance of limited physical attendance.”
The outlet maintains that real‑time access is essential for accurate reporting and for the public to evaluate government action to evaluate government actions as they unfold.
Implications of Rescheduling
If marijuana is moved to Schedule III, several federal agencies have already begun adjusting their policies:
- The Congressional Research Service notes that certified patients possessing state‑licensed medical marijuana would gain certain protections under Schedule III, including the ability to possess marijuana for medical use without a CSA‑compliant prescription.
- The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) has drafted an update to the gun purchase form that removes the prohibition on medical cannabis, stating that only recreational use remains federally prohibited.
- The Department of the Treasury and the Internal Revenue Service plan to issue new tax guidance that would allow state‑licensed marijuana businesses to claim federal tax deductions currently barred under IRS Code 280E, which does not apply to Schedule III substances.
- The Department of Transportation, however, maintains that state‑legal medical cannabis does not excuse a positive drug test for safety‑sensitive workers such as truck drivers and pilots.
Despite these developments, a congressional committee recently voted to block federal officials from taking further steps to implement the rescheduling.
The ongoing legal challenges—including lawsuits filed by state attorneys general, marijuana legalization opponents, and a cannabis‑focused biopharmaceutical corporation—have been consolidated by a federal appeals court, adding uncertainty to the outcome of the hearing.
For readers seeking up‑to‑date, reliable coverage of federal cannabis policy, Marijuana Moment provides detailed reporting and analysis. If you value this work, consider supporting the outlet via a monthly pledge on Patreon.
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