DEA Will Hold Public Hearing to Address Marijuana Rescheduling

Jackson Lewis P.C.
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The Drug Enforcement Administration announced on August 29, 2024 that it will hold a public hearing to address the proposed rescheduling of marijuana from Schedule I to Schedule III of the federal Controlled Substances Act (CSA).  The hearing will take place on December 2, 2024 at 9 am ET at 700 Army Navy Drive, Arlington, Virginia 22202. 

The purpose of the hearing is to “receive factual evidence and expert opinion regarding” whether marijuana should be transferred to Schedule III of the federal CSA.

Under the federal CSA, the DEA classifies drugs into five distinct categories, or schedules, depending on the drug’s acceptable medical use and its potential for abuse or dependence. Schedule I drugs are defined as having no currently accepted medical use and a high potential for abuse. As the drug schedule changes, so does the abuse potential, with Schedule V representing the drugs with least potential for abuse. Schedule III drugs are defined as drugs with a moderate to low potential for physical and psychological dependence.

If the rule is finalized, marijuana would be available for medical use only, not legalized at the federal level.

DEA published its Notice of Proposed Rulemaking on May 21, 2024.  It received more than 43,000 comments on the proposed reclassification.

Anyone who wishes to participate in the hearing must provide written notice of their desired participation on or before September 30, 2024, in accordance with the regulatory requirements published in the Federal Register notice.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations. Attorney Advertising.

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