The Drug Enforcement Administration (DEA) has spent the past three weeks, since July 22, reviewing public comments on the potential rescheduling of marijuana, a process mandated by law following the agency’s proposal to move marijuana from Schedule I to Schedule III under the Controlled Substances Act.
(Photo credit: Getty Images).
The DEA is required to analyze every comment (there’s over 43,000 in total) before deciding whether to hold a public hearing, a step advocated by nine former DEA administrators in a recent letter.
Rescheduling marijuana to Schedule III would represent a significant shift in federal policy, the largest since the implementation of the Controlled Substances Act in 1970. The move would allow for expanded research opportunities and nationwide prescriptions of marijuana-based medicines. Additionally, it would provide state-legal medical marijuana patients and businesses with critical federal protections, such as the ability to take tax deductions with the IRS.
After the DEA decides whether a public hearing is needed, and holds it if they deem that it is, they will make a final decision. This decision, along with the exact date the rescheduling will take effect, will be published in the Federal Register.
While no official timeline has been provided for the decision, a DEA official informed us in late May that the agency plans to complete the review of comments “within 60 days,” as directed by Attorney General Merrick Garland’s office, with a final decision expected soon after. The official mentioned the review could be finished even sooner, potentially leading to a finalized ruling “by the end of September, or as early as the end of August.”
Although the DEA often takes months or even years to analyze comments and make a final decision on similar issues, President Biden has directed the agency to complete the review “expeditiously.”
Polling released in May found that two-thirds of US voters support the DEA’s rescheduling proposal.
