A former White House advisor and co-founder of the anti-marijuana group Smart Approaches to Marijuana (SAM), Kevin Sabet, claims that the DEA’s decision to move marijuana to Schedule III was not authorized by the agency’s administrator. This, he argues, “breaks with five decades of precedent and established law.”
“BIG: I can now say with full confidence that the Administrator of DEA, Anne Milgram, did NOT sign the rescheduling order, breaking with five decades of precedent and established law and regulations (two confidential sources inside DEA and another outside DEA with intimate knowledge tell me),” Sabet stated on the social media platform X. Sabet, a former advisor to the Obama Administration, is also a co-founder of SAM, one of the largest anti-marijuana groups in the nation.
It is important to note that SAM was among the first to report the DEA’s plans to reschedule marijuana. That said, from a legal, political, and practical standpoint, it likely does not affect the validity of the rescheduling order, as the move has already been confirmed by the Department of Justice.
“Today, the Attorney General circulated a proposal to reclassify marijuana from Schedule I to Schedule III,” announced DOJ Director of Public Affairs, Xochitl Hinojosa last week. “Once published in the Federal Register, it will initiate a formal rulemaking process as prescribed by Congress in the Controlled Substances Act.”
The DOJ’s confirmation suggests complete confidence in the legality of the move. It’s probable that the order was signed by US Attorney General Merrick Garland to underscore the significance of the decision and to safeguard against any legal challenges. Alternatively, it could have been signed by a lower-level DEA official at the direction of Administrator Milgram, although this scenario seems less likely.
For an overview of the 10 biggest implications of moving marijuana to Schedule III, click here. For the six steps required before it can become official, click here.
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