Marijuana Rescheduling Nears the Endgame, Public Comment Period Almost Over

The long-anticipated rescheduling of marijuana is approaching a crucial milestone and is close to being finalized.

The legally required 60-day public comment period, a critical phase in the process of rescheduling any drug under the Controlled Substances Act, is set to close in just 10 days. Approximately 30,000 comments have been submitted so far, the vast majority in support of either rescheduling marijuana, or going further and descheduling it altogether.

The impending closure of the public comment period signifies the approaching endgame in the rescheduling process. Once the period concludes, the DEA and HHS will review the comments and make a recommendation on whether to reclassify marijuana, potentially holding a public hearing before making a final recommendation. This recommendation will then be forwarded to the Attorney General, who will make the final decision.

An official with the DEA says the agency is aiming to complete the review of comments “within 60 days” at the direction of Attorney General Merrick Garland’s office. A finalized ruling is expected to come “by the end of September, but as soon as the end of August.”

Under current law, marijuana is a Schedule I drug, indicating it is highly dangerous and addictive with no medical value, making it illegal for all purposes. The DEA is proposing to move marijuana to Schedule III, putting it in the same category as prescribed drugs like ketamine, codeine, and anabolic steroids.

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