The Drug Enforcement Administration (DEA), a part of the Department of Justice, has announced a public hearing regarding a significant change in how marijuana is classified under federal law. The proposal seeks to reschedule marijuana from a Schedule I to a Schedule III substance under the Controlled Substances Act (CSA). This move, which has been driven by a growing recognition of marijuana’s medical applications, marks a critical juncture in the ongoing debate surrounding marijuana legislation in the United States.
On May 21, 2024, the Department of Justice published a *Notice of Proposed Rulemaking* (NPRM) regarding the reclassification of marijuana. Currently classified as a Schedule I substance, marijuana is considered to have no accepted medical use and a high potential for abuse. However, the proposed reclassification would place marijuana in Schedule III, which reflects a substance with a lower potential for abuse and recognized medical uses. This decision is aligned with the Department of Health and Human Services’ (HHS) assessment that marijuana has a medically accepted use and a risk of abuse that is lower than that of substances in Schedules I and II.
If finalized, the regulatory controls applicable to Schedule III substances would apply to marijuana. This would impact the way marijuana is manufactured, distributed, dispensed, and possessed under federal law. Importantly, criminal prohibitions relating to marijuana would remain in place, as would any additional requirements needed to satisfy U.S. treaty obligations or provisions under the Federal Food, Drug, and Cosmetic Act (FDCA).
The DEA has invited interested parties to participate in a public hearing on the proposed rule. The hearing will begin on December 2, 2024, at the DEA Hearing Facility in Arlington, Virginia. Those who wish to participate must file a written notice of intent by September 30, 2024. The DEA has outlined specific guidelines for filing participation requests, including the need to clearly state one’s interest in the hearing and the issues they wish to address.
Once all notices are submitted, the DEA will assess the requests and designate a presiding officer to oversee the hearing. The hearing will adhere to the provisions set forth by the Administrative Procedure Act (APA), ensuring a fair and transparent process. The presiding officer will have broad authority to manage the hearing, including the power to issue subpoenas, examine witnesses, and rule on the admissibility of evidence.
Should marijuana be reclassified to Schedule III, this would mark a critical change in U.S. drug policy. Schedule III substances are still controlled, but the rescheduling would ease some of the restrictions that currently hinder marijuana research and medical use. While the DEA’s decision to hold a public hearing shows the complexity and sensitivity of the issue, it also highlights the growing momentum toward reform.
The outcome of this hearing will not only influence the future of marijuana regulation but also shape the broader discourse on drug policy reform in the United States. It remains to be seen how this change might affect state-level laws, which vary widely in their treatment of marijuana.
For further information on how to participate or submit comments, interested parties should refer to the full details in the *Federal Register* and monitor the DEA’s official website for updates.
This hearing is an opportunity for stakeholders—including medical professionals, researchers, and the public—to provide input on the future of marijuana regulation. The rescheduling of marijuana could significantly alter the landscape of medical marijuana use and pave the way for new legal and regulatory frameworks.
