McDermott Will & Emery On May 21, 2024, the US Department of Justice (DOJ) published the highly anticipated notice of proposed rulemaking (NPRM) to reschedule marijuana (cannabis) from a Schedule I controlled substance to Schedule III, taking the first step to easing federal restrictions on cannabis and potentially opening up the door for further cannabis research and development. This regulatory change could have far-reaching implications for the cannabis, pharmaceutical and banking industries if promulgated in a final rule. Stakeholders interested in submitting comments to the DOJ must do so by July 22, 2024. IN DEPTH
Legal Background
Following a comprehensive review by the US Department of Health and Humans Services (HHS) on cannabis’s safety and subsequent recommendation to the Drug Enforcement Agency (DEA), the DOJ published an NPRM to reschedule cannabis. Currently, cannabis is classified as a Schedule I drug, which is reserved for substances like heroin and peyote that are considered highly addictive and lacking medical value. The DEA’s decision to reschedule cannabis as a Schedule III drug, indicating a moderate to low risk of dependency, will not legalize marijuana but will mark a significant move towards reducing federal limitations and recognizing the potential for cannabis’s therapeutic and medical benefits.
The Controlled Substances Act (CSA) divides controlled substances into five levels of control, or “schedules,” based on a drug’s potential for abuse, whether the drug has a currently accepted medical use, and whether there is a lack of accepted safety for use of the drug under medical supervision or the level of psychological or physical dependence that could result from abuse of the drug.
Under the CSA, when determining that a drug should be controlled (and if so, under which schedule), the secretary of HHS and the attorney general must consider eight factors set forth in 21 U.S.C. Section 811, subsection (c). The eight factors are:
> The drug’s actual or relative potential for abuse
Scientific evidence of its pharmacological effect, if known
The state of current scientific knowledge regarding the drug or other substance
Its history and current pattern of abuse The scope, duration and significance of abuse What, […]
DOJ Proposes to Reschedule Marijuana (Cannabis) to Schedule III
