DOJ Submits Proposal to De-Rank Cannabis on Federal Drug Schedule

Last updated on August 7th, 2024 at 04:29 pm

The U.S. Department of Justice has submitted its proposal to reschedule cannabis (or marijuana) under the Controlled Substance Act (CSA) schedule.

The DOJ proposal would reclassify cannabis from a Schedule I substance to a Schedule III substance.

Schedule I substances are those “with no currently accepted medical use and a high potential for abuse.” Since the CSA took effect in 1971, cannabis has ranked in Schedule I alongside heroin, lysergic acid diethylamide (LSD), ecstasy, methaqualone, and peyote.

Schedule III substances are those “with a moderate to low potential for physical and psychological dependence” and a lower risk for abuse. Reranking cannabis to Schedule III status would ease the regulatory burdens surrounding access to the plant, and place it alongside ketamine, anabolic steroids, and limited doses of codeine in the federal drug risk assessment.

President Joe Biden called for the DOJ to reevaluate cannabis under the CSA back in October 2022, as he announced a decision to pardon individuals convicted for simple possession.

Attorney General Merrick Garland submitted this proposal following an opinion by the U.S. Department of Health and Human Services (HHS) and consultations with DOJ lawyers.

“After receiving HHS’s recommendations last August, the Attorney General sought the legal advice of the Justice Department’s Office of Legal Counsel (OLC) on questions relevant to this rulemaking,” the DOJ announced. “In light of HHS’ medical and scientific determinations, and OLC’s legal advice, the Attorney General exercised his authority under the law to initiate the rulemaking process to transfer marijuana to schedule III.”

The DOJ announced on April 30 that it had prepared a draft proposal for the rescheduling order. By now submitting its proposal, the DOJ has initiated a formal federal rulemaking procedure that opens the issue up for public comment and an administrative hearing. Cannabis will remain a Schedule I controlled substance during this rulemaking and public comment period.