DEA Encouraged by Schumer to Finalize Marijuana Reschedule in 2024
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Reschedule Marijuana a Priority – Prominent Democratic senators, including Senate Majority Leader Chuck Schumer (D-NY), are advocating for the Drug Enforcement Administration (DEA) to swiftly finalize a regulation aimed at rescheduling marijuana.
In a letter addressed to Attorney General Merrick Garland and DEA Administrator Anne Milgram on Friday, Schumer, along with Senators Cory Booker (D-NJ), Ron Wyden (D-OR), and others, urged the administration to implement a proposal to transition cannabis from Schedule I to Schedule III of the Controlled Substances Act (CSA), as formally suggested by the Justice Department in May.
“The proposed regulation to reclassify marijuana to Schedule III acknowledges the medical advantages of cannabis, enhances access for research on the health impacts of both short-term and long-term cannabis use, and offers relief to cannabis enterprises that are still navigating a fragmented regulatory landscape to operate legally,” they stated.
The public comment period for the proposed regulation concluded last week, with over 40,000 individuals providing feedback on the modest reform. Preliminary evaluations of the comments revealed that a significant majority supported either the reclassification of cannabis or its complete descheduling.
The senators expressed their strong encouragement for the DEA to promptly finalize this proposed regulation for rescheduling.
“Rescheduling offers substantial benefits for public health, research, business, and for Americans adversely affected by the enduring consequences of our punitive drug policies,” the letter asserts. “It will also support cannabis-related businesses, many of which are owned by individuals previously criminalized for marijuana offenses, thereby opening avenues for essential investment opportunities.”
Although rescheduling would eliminate certain research obstacles and allow state-licensed cannabis businesses to claim federal tax deductions under the Internal Revenue Service (IRS) code known as 280E, it would not result in the federal legalization of marijuana, as clarified in several recent reports by the Congressional Research Service (CRS).
The senators further noted that rescheduling could also encourage the Food and Drug Administration (FDA) to take action.
Proposed Rule Seeks to Move Marijuana from Schedule I to Schedule III, Emphasizing its Currently Accepted Medical Use in Treatment in the United States
The Justice Department announced that the Attorney General has submitted to the Federal Register a notice of proposed rulemaking initiating a formal rulemaking process to consider moving marijuana from a schedule I to schedule III drug under the Controlled Substances Act (CSA).
Marijuana has been classified as a schedule I drug since Congress enacted the CSA in 1970. On Oct. 6, 2022, President Biden asked the Attorney General and the Secretary of Health and Human Services (HHS) to launch a scientific review of how marijuana is scheduled under federal law. After receiving HHS’s recommendations last August, the Attorney General sought the legal advice of the Justice Department’s Office of Legal Counsel (OLC) on questions relevant to this rulemaking. In light of HHS’ medical and scientific determinations, and OLC’s legal advice, the Attorney General exercised his authority under the law to initiate the rulemaking process to transfer marijuana to schedule III.
The rescheduling of a controlled substance follows a formal rulemaking procedure that requires notice to the public, and an opportunity for comment and an administrative hearing. This proposal starts the process, where the Drug Enforcement Administration will gather and consider information and views submitted by the public, in order to make a determination about the appropriate schedule. During that process, and until a final rule is published, marijuana remains a schedule I controlled substance.
The notice of proposed rulemaking submitted by the Department can be viewed here, and the OLC memorandum regarding questions related to the potential rescheduling of marijuana can be found here.
Reschule Marijuana
