Politics
DEA Prepares To Release List Of Marijuana Businesses That Applied For Federal Protections Under Trump’s Rescheduling Move
The Drug Enforcement Administration (DEA) is preparing to release a list of state-licensed medical marijuana business that have applied in a timely fashion for federal protections that come with the Trump administration’s move to partially reschedule cannabis.
A agency webpage launched on Wednesday said the forthcoming list—which will detail the states included in applicants’ business addresses, as well as whether they are dispensaries, manufacturers or distributors—will be updated on a daily basis once it is formally uploaded.
For now, however, the agency’s site links to a placeholder text file that simply says, “TEST.”
“This list is current as of the date included in the file,” the DEA page says. “This list may change as Timely Applicants are granted DEA registrations, withdraw their applications for DEA registration, or are no longer considered Timely Applicants for any other reason.”
DEA officials did not respond to queries from Marijuana Moment about when the list will actually be uploaded.
(Shortly after this story was published, DEA removed the page in question from its website, but not before Marijuana Moment archived it on the Wayback Machine.)
By “timely” applicants, it appears DEA is referring to medical marijuana businesses that applied within a 60-day window of the initial rescheduling announcement to receive expedited consideration.
“To facilitate a prompt transition, the Administrator is directed to process applications submitted within 60 days of publication within six months, and early applicants may lawfully operate under their state-issued licenses during the pendency of review,” the rescheduling rule issued in April said.
Days later, DEA began accepting registrations from medical cannabis dispensaries with a new form. Earlier this month, the agency launched new specialized registration forms for additional types of state-licensed medical marijuana businesses such as manufacturers, distributors and analytical labs.
Businesses that fill out the new version of DEA Form 225 for manufacturers, distributors and analytical labs must answer whether they will be handling medical and/or recreational marijuana, and provide their state licensing information.
They also need to specify if they will be working with marijuana, marijuana extract and/or naturally derived delta-9 THC in a cannabis product subject to a state medical license or a Food and Drug Administration-approved product.
They must also answer questions about the criminal and disciplinary history of the business and key personnel.
Previously, dispensaries could fill out a specialized form during the 60-day window for expedited consideration. Dispensaries that still want to register can now use the standard DEA Form 224 to do so.
Meanwhile, DEA personnel are conducting inspections of medical marijuana dispensaries that previously applied for registration.
One such business owner told Marijuana Moment recently that she plans to fight a decision by DEA that she says could force her to fire two good employees if she wants to register for protections under rescheduling.
Nicole Huff, CEO of the Wildflower Medical Dispensary in Aberdeen, shared with Marijuana Moment correspondence that a DEA official sent about the two workers in question, who have past felony convictions. As a result of those criminal records, the business must either fire the employees, withdraw its application for federal protections, seek a waiver while becoming ineligible for expedited processing or go before an agency judge.
Huff told said she will take the issue before a DEA judge.
Sen. Cory Booker (D-NJ) recently criticized the policy, telling Marijuana Moment that it is “really problematic” and “ridiculous.”
“I think there should be for these nonviolent offenders who are convicted of crimes that are now legal, that we should be expunging records,” he said.
“If you are a person that believes in justice, that believes in economic opportunity, fairness under the law—if you believe in economic growth, if you’re a pro-growth person—these are all things that help create jobs, build economy, keep people out of jail,” Booker said. “It’s just smart policy.”
Industry sources say the way the agency has been carrying out inspections varies between DEA’s regional offices throughout the country.
In June, Mississippi medical cannabis businesses spoke to Marijuana Moment about being visited by DEA officials, who told them they were among the first in the country to be seen for inspection under the registration process.
In August, Marijuana Moment obtained a list of 26 questions that DEA officials are sending to medical cannabis businesses in Colorado as part of the consideration of their applications for registration. Those questions differ in many cases from ones being asked of Mississippi operators.
The agency launched its initial registration form for dispensaries in April, days after Attorney General Todd Blanche issued an order immediately moving marijuana products regulated by a state medical cannabis license from Schedule I of the Controlled Substances Act (CSA) to Schedule III, along with marijuana products that are approved by the Food and Drug Administration (FDA).
A DEA hearing that recently concluded testimony is considering broader marijuana rescheduling.
