DOJ Submits Proposal to Reschedule Marijuana

Proposed Rule Seeks to Move Marijuana from Schedule I to Schedule III, Emphasizing its Currently Accepted Medical Use in Treatment in the United States

The Justice Department announced the Attorney General’s submission to the Federal Register of a notice of proposed rulemaking to consider moving marijuana from a schedule I to schedule III drug under the Controlled Substances Act (CSA).

Since its classification as a schedule I drug in 1970, marijuana has been under scrutiny. President Biden’s request for a scientific review of its federal scheduling on Oct. 6, 2022, highlights ongoing discussions surrounding its legal status.

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. Based on HHS medical and scientific determinations, as well as OLC legal advice, the Attorney General utilized his authority under the law to begin the process of transferring marijuana to schedule III.

The rescheduling of a controlled substance involves a formal rulemaking process that includes public notice, opportunities for comment, and an administrative hearing.

Throughout this process, the Drug Enforcement Administration will review public input to determine the appropriate schedule for marijuana. Until a final ruling is issued, marijuana will continue to be classified as a schedule I controlled substance.

The notice of proposed rulemaking submitted by the Department can be viewed here, and the OLC memorandum regarding questions related to the potential rescheduling of marijuana can be found here.

Learn more about the rulemaking process here