Cannabis Lawyer Eric Berlin Explains Rescheduling Timeline

Cannabis lawyer Eric Berlin is back on TDR’s Trade To Black for a special Labour Day episode on the DEA news about rescheduling. Eric Berlin has over 15 years of experience in the cannabis industry and has represented some of the largest multi-state operators in the US. Now, employed by Dentons and based in their Chicago offices, he has a reputation as one of the top-ranking cannabis attorneys in the country.

It’s been a week since the Drug Enforcement Agency (DEA)’s announcement, and on today’s Trade To Black podcast, Eric Berlin gives us a better understanding of the timeline and roadmap for the legislative process for cannabis scheduling.

Hosts Shadd Dales and Anthony Varrell discuss with Eric Berlin why the DEA determined that an Administrative Law Judge (ALJ) hearing was deemed necessary following the 60-day comment period that ended in July. Was it really necessary? And now that a hearing date has been set for December 2, 2024, what is the process and the key participants who will be involved?

Many of the comments that were not in favor of cannabis rescheduling were, instead, talking about the harms of legalization. Eric Berlin cautions listeners that the process of rescheduling cannabis from Schedule I to Schedule III doesn’t legalize the substance. All the requirements, additional controls remain, and manufacturer distribution remains subject to applicable criminal prohibitions.

Nor does taking away 280e in the end have anything to do with the act of rescheduling. Tax benefits—or concerns about giving them—should not be considered when determining whether cannabis should be changed to a different schedule. “If that’s an issue, it’s up to Congress,” Eric Berlin says. “It’s not appropriate for the DEA to refuse to reschedule because of some policy issue like that.”

With the issue effectively parked until after the election, what might the realistic timeline for completion be? Eric Berlin shares his speculations.