Federal Comment Periods — How to File

Participating Effectively in DEA, FDA, and USDA Cannabis Rulemaking

Topic Summary

Every major federal cannabis rule — from DEA scheduling decisions to FDA food additive determinations to USDA hemp production rules — goes through a public comment period. Well-crafted comments from industry stakeholders influence agency reasoning and create a record for judicial review. Robert Hoban walks through the mechanics of the federal comment process, how to write comments that agencies actually read, and how to mobilize industry coalitions for collective comment campaigns.

Session Outline

I. The Federal Rulemaking Process

›Notice and Comment rulemaking under the APA (5 U.S.C. § 553)
›How agencies must respond to substantive comments
›The role of the administrative record in judicial review

II. Active Comment Periods (2025–2026)

›DEA Schedule III NPRM: comment period mechanics and key issues
›FDA cannabinoid food additive ANPRM
›USDA Farm Bill hemp implementation rule
›Congressional comment opportunities (not APA but important)

III. How to Write a Comment That Matters

›Substantive vs. form comments: why form campaigns have limited impact
›Structure: fact-specific, referenced to the regulatory text
›Quantifying industry impact: economic analysis in comments
›Legal arguments: citing APA, prior agency action, and legislative history
›Scientific evidence: peer-reviewed citations and their weight

IV. Coalition Comment Campaigns

›Trade association coordination: how NCIA, NORML, and MJBizCon engage
›Coalition comment vs. individual comments: strategic tradeoffs
›Timing strategy: early vs. late in the comment window

V. Post-Comment Engagement

›Ex parte meetings with agency staff
›Following up via FOIA to track agency response
›Litigation strategy if the agency ignores substantive comments

VI. Practical Filing Walkthrough

›Regulations.gov submission mechanics
›docket number lookups and tracking
›Preserving your comment record for litigation

VII. Q&A

Suggested Formats

Keynote (45 min)Workshop (2 hr)

Best for These Audiences

In-House CounselCannabis OperatorsPolicy Makers

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