By Ty Buffington, NORM Legal Intern
Following the Biden Administration’s initiation in 2022 of a marijuana rescheduling effort, the DEA commenced a formal rule-making process in 2024, beginning with a notice and public comment period.
After the submission of over 40,000 public comments on the issue of whether to move cannabis from Schedule I to Schedule III, the DEA announced this summer that it would hold a hearing before an administrative law judge. That hearing commences this week and is anticipated to continue into the first quarter of 2025.
If the DEA ultimately concurs with HHS’s proposed rescheduling recommendation, the impacts of this change on the state level will likely be limited. Without further federal reform, state-regulated medical and adult-use (recreational) cannabis regimes will remain in conflict with federal law, which provides state governments with little to no flexibility with respect to legalizing Schedule III substances. The DEA is unlikely to grant licenses to businesses operating in the state-regulated marijuana industry and the FDA is unlikely to approve botanical cannabis for use as a prescription drug. This leaves the state-sanctioned cannabis market in largely the same precarious legal position it is currently in.
Continue reading