Republican AGs Submit Comments Opposing Rescheduling Marijuana

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  • Eleven Republican AGs, led by Nebraska AG Mike Hilgers, submitted comments opposing the DEA’s notice of proposed rulemaking (NPRM) that would move marijuana from Schedule I to Schedule III of the Controlled Substances Act (CSA).
  • In the comments, the AGs argue that the proposed rule should not be issued for a number of reasons, including that it would violate international treaty obligations under the Single Convention on Narcotic Drugs, which requires marijuana to be controlled on CSA Schedule I or Schedule II; that no change in facts warrant reversal of the DEA’s prior decision to place marijuana on Schedule I; and that the eight statutory factors set forth in the CSA do not support rescheduling.
  • The AGs also express their concern that tax cuts associated with rescheduling marijuana would cause a significant expansion of the existing marijuana industry, leading to increased consumption and public health damages associated with marijuana consumption.
  • Earlier this year, a coalition of 12 Democratic AGs wrote a letter to the DEA in support of federal efforts to evaluate and reschedule cannabis from Schedule I to Schedule III.
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