The U.S. Justice Department has announced that the Attorney General has submitted a notice of proposed rulemaking to the Federal Register, initiating a formal process to consider reclassifying marijuana from a Schedule I to a Schedule III drug under the Controlled Substances Act (CSA).
Marijuana has been classified as a Schedule I drug since Congress enacted the CSA in 1970. On October 6, 2022, President Biden requested that the Attorney General and the Secretary of Health and Human Services (HHS) commence a scientific review of marijuana's classification under federal law. Following HHS’s recommendations in August, the Attorney General sought legal advice from the Justice Department’s Office of Legal Counsel (OLC) on questions pertinent to this rulemaking.
In light of HHS’ medical and scientific determinations, and OLC’s legal advice, the Attorney General utilized his authority under the law to initiate the rulemaking process for transferring marijuana to Schedule III.
The rescheduling of a controlled substance follows a formal rulemaking procedure that necessitates public notice, an opportunity for comment, and an administrative hearing. This proposal commences this process where the Drug Enforcement Administration will gather and consider information and views submitted by the public to make an appropriate scheduling determination. During this process, until a final rule is published, marijuana remains classified as a Schedule I controlled substance.
The notice of proposed rulemaking submitted by the Department can be viewed here. The OLC memorandum addressing questions related to potential rescheduling of marijuana can also be found online.
For more information about the rulemaking process, click here.