Public Comment Period for Marijuana Rescheduling Ends Monday: Here’s What Comes Next

The public comment period for the DEA’s proposal to reschedule marijuana is set to end this Monday, marking a pivotal moment in the ongoing debate over federal marijuana policy.

As the deadline approaches, the proposal has garnered significant attention, with over 35,000 comments submitted by individuals and organizations. The vast majority (over 70%) call for marijuana to be descheduled, decriminalized, or legalized, with less than 10% in support of keeping marijuana a Schedule I drug. The DEA does have the option of extending the public comment period beyond July 22 via a public notice, but thus far there’s been no indication they will do so.

The DEA’s proposal would move marijuana from Schedule I to Schedule III, which would not legalize marijuana but would significantly impact research and the prescribed use of marijuana medicines.

Once the public comment period closes on Monday, July 22, the DEA will then conduct a full review of each comment submitted. This process sometimes takes months; however, given President Biden ordered this to be reviewed “expeditiously,” it’s expected that the process will be swifter than normal.

After reviewing and assessing the comments, the DEA has the option of holding a public hearing on the matter, although this is not a legal requirement.

When the DEA makes a final decision, they will publish it in the Federal Register, along with a specific date that the change will take effect. According to an official with the DEA, a final decision is expected to come “by the end of September, but as soon as the end of August.”

You can view all 35,000+ comments submitted to the DEA by clicking here, and those interested can submit their own comment by clicking here.

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