A prominent attorney is suggesting that the DEA’s proposal to reschedule marijuana to Schedule III will be cancelled following the United State Supreme Court’s decision on Chevron v. Natural Resources Defense Council.
Attorney Josh Schiller is one of the lead lawyers in a case where multiple cannabis companies are challenging the federal prohibition on marijuana. The case was recently thrown out by a federal judge, with an appeal planned.
Schiller warns that the Supreme Court’s recent decision puts the DEA’s rescheduling plan in danger.
“Along with Chevron, I think rescheduling is gone. I think it’ll be canceled”, says Schiller. “I think there’s a likelihood of that happening, and that makes our case even more important”.
Schiller is, of course, just one attorney, but he raises a prospect that’s concerning to proponents of marijuana law reform: that the Chevron ruling, which diminishes federal agencies’ ability to establish certain regulations, could impact the move to reclassify marijuana.
One fact that may work in favor of the rescheduling proposal is that it wasn’t signed off by DEA Administrator Anne Milgram. Instead, the order was signed by Attorney General Merrick Garland, potentially lending additional weight to the move.
In the meantime, the 60-day public comment period on the rescheduling proposal is currently underway, with 20 days remaining and over 26,000 comments submitted.
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