Close Menu
  • Home
  • News
  • Lifestyle
  • Law
  • Business
  • Education

Subscribe to Updates

Get the latest creative news from FooBar about art, design and business.

What's Hot

Pennsylvania House Passes Cannabis Legalization Bill

May 8, 2025

Cannabis Company CEO Considering New Mexico Gubernatorial Bid

May 8, 2025

U.S. Supreme Court Declines to Hear Challenge to Medical Cannabis Advertising Ban

May 8, 2025
Facebook X (Twitter) Instagram
Friday, May 9
  • Home
  • Contact
  • Privacy Policy
  • Terms & Conditions
Facebook X (Twitter) Instagram LinkedIn VKontakte
Smoke Professional
  • Home
  • News

    More Than 1,000 Arrested in Sweep of U.K. Weed Grows

    July 8, 2023

    Scotland Calls On UK To End ‘Failed’ Drug War With Decriminalization And Harm Reduction Approach

    July 8, 2023

    Germany’s draft law for first phase of cannabis reform

    July 8, 2023

    High Times Cannabis Cup Illinois: People’s Choice Edition 2023 Kicks Off

    July 8, 2023

    Pennsylvania Committee Advances Expansion to State Medical Cannabis Program

    July 7, 2023
  • Lifestyle

    How Watching the News Can Trigger Anxiety and Panic Attacks

    October 28, 2024

    Record High Cannabis and Hallucinogen Use Among Adults

    October 27, 2024

    Weekend Sleep Catch-Up May Lower Heart Disease Risk by 20%

    October 27, 2024

    Energy Drinks Linked to Poor Sleep Quality and Insomnia

    October 26, 2024

    First Psychedelic Church for Magic Mushrooms

    October 26, 2024
  • Law

    Pennsylvania House Passes Cannabis Legalization Bill

    May 8, 2025

    Nebraska Lawmakers to Reconsider Bill to Implement Voter-Approved Medical Cannabis Law

    May 7, 2025

    Bill to Legalize Adult-Use Cannabis Filed in Pennsylvania

    May 6, 2025

    New Hampshire Senate Blocks Adult-Use Cannabis Legalization Bill

    May 2, 2025

    Cannabis Taxation: C Corp, S Corp, LLC, LLP, Partnership, Nonprofit, or Something Else for Your Cannabis Business?

    April 30, 2025
  • Business

    Cannabis Company CEO Considering New Mexico Gubernatorial Bid

    May 8, 2025

    U.S. Supreme Court Declines to Hear Challenge to Medical Cannabis Advertising Ban

    May 8, 2025

    Minnesota Cannabis Licensing Lotteries Scheduled for June 5

    May 7, 2025

    Ohio Senate Passes Bill Imposing New Regulations on Intoxicating Hemp Products  

    May 6, 2025

    Tax Hikes Coming to California Cannabis Industry

    May 5, 2025
  • Education

    CBD and the Aging Population—What Science Says Today

    March 12, 2025

    Wholesale Nootropic Skincare: Boost Your Product Line

    March 10, 2025

    Ideal for Your Business Needs

    March 8, 2025

    A Must-have For Every Smoke Shop

    March 3, 2025

    The Perfect Addition to Your Product Line

    March 1, 2025
Smoke Professional
You are at:Home»Law»BREAKING NEWS: DEA Issues Notice of Proposed Rulemaking to Move Marijuana to Schedule III
Law

BREAKING NEWS: DEA Issues Notice of Proposed Rulemaking to Move Marijuana to Schedule III

adminBy adminMay 17, 2024No Comments4 Mins Read
Facebook Twitter Pinterest LinkedIn Tumblr Email
Share
Facebook Twitter LinkedIn Pinterest Email

Today is another historic day in the history of cannabis control and regulation. In a much anticipated announcement, the Drug Enforcement Administration (DEA) issued a notice of proposed rulemaking to reschedule marijuana, from Controlled Substances Act (CSA) schedule I to schedule III (the “Proposed Rule”).

We have covered the implications of a schedule III placement in various posts on this blog, beginning with the Health and Human Services (HHS) recommendation that DEA undertake this rescheduling last August. See:

For now, here are a couple of high-level observations on today’s Proposed Rule.

First, DEA is not proposing an interim final rule. We expected as much, but it would have been nice! Under an interim final rule, an agency finds that it has good cause to issue a final rule without first publishing a proposed rule (as DEA did here). An interim final rule would have gone effect immediately upon publication, and marijuana would have been moved to schedule III today. Instead we’ll have to wait.

Second, the Proposed Rule gives a standard 60-day comment period, from the date the Proposed Rule is Updated in the Federal Register. That’s a pretty standard window; although, as I’ve explained before, this can always be extended.

Third, the Proposed Rule is clear that “any drugs containing a substance within the CSA’s definition of ‘marijuana’ would also remain subject to the applicable prohibitions in the Federal Food, Drug, and Cosmetic Act (“FDCA”).” No, this does not mean FDA enforcement is going to begin; and no, this does not mean Big Pharma is coming to squash state licensed operators. Stop saying that.

Fourth, the Proposed Rule gives very specific protocols for submitting electronic and other types of comments. These protocols are not hard to follow! But if you fail to do so, your comment will not make it into the record, and it will not be considered by DEA.

Fifth, I really like this paragraph:

HHS recommended in August 2023 that marijuana be rescheduled to schedule III. See Letter for Anne Milgram, Administrator, DEA, from Rachel L. Levine, M.D., Assistant Secretary for Health, HHS (Aug. 29, 2023) (“August 2023 Letter”). The Attorney General then sought the legal advice of the Office of Legal Counsel (“OLC”) at DOJ on questions relevant to this rulemaking proceeding. Among other conclusions, OLC concluded that “HHS’s scientific and medical determinations must be binding until issuance of a notice of proposed rulemaking [(‘NPRM’)].” Questions Related to the Potential Rescheduling of Marijuana, 45 Op. O.L.C. __, at *25 (Apr. 11, 2024) (“OLC Op.”).1 After the issuance of a notice of rulemaking proceedings, HHS’s scientific and medical determinations are accorded “significant deference” through the rest of the rulemaking process.2 OLC Op. at *26.

I’ve always argued that HHS’s scientific and medical determinations are binding under the plain language of the CSA itself. But it’s awfully nice to hear confirmation that OLC agreed– especially because there was some consternation among the cognoscenti about what OLC was doing here. It seems that OLC has essentially confirmed to DEA: “you are stuck with schedule III.”

Sixth, it’s interesting to see the Proposed Rule delve into problematic international law constraints. The Proposed Rule gives a rather cursory analysis here, but OLC seems to have justified marijuana’s placement on schedule III in the context of public international law obligations, including the 1961 U.N. Singled Convention on Narcotic Drugs (to which the United States is a party). DEA states, however, at Proposed Rule page 86 that:

“[c]oncurrent with this rulemaking, DEA will consider the marijuana-specific controls that would be necessary to meet U.S. obligations under the Single Convention and the Convention on Psychotropic Substances in the event that marijuana is rescheduled to schedule III, and, to the extent they are needed if marijuana is rescheduled, will seek to finalize any such regulations as soon as possible.”

This could get pretty interesting! Expect a lot of fretting here by industry and the general public.

Seventh, it was also interesting to see DEA and HHS justify why it arrived at a schedule III conclusion, after concluding in 2016 that marijuana should stay in schedule I. I have wondered aloud about the intellectual gymnastics that might be required for this. Take a read at the rationale on the Proposed Rule at pages 11 – 13 and see if you’re convinced.

_____

OK, that’s it for now. The Proposed Rule is 92 pages and I had less than 30 minutes to read it and write this today. We will follow up as soon as next week with further thoughts on this very significant development.

Source link

Breaking DEA III Issues Marijuana Move news Notice Proposed Rulemaking Schedule
Share. Facebook Twitter Pinterest LinkedIn Tumblr Email
Previous ArticlePresident Biden Announces Federal Government Will Reschedule Cannabis in ‘Monumental’ Announcement
Next Article 47 Ohio Municipalities So Far Have Banned Adult-Use Cannabis Businesses
admin
  • Website

Related Posts

Pennsylvania House Passes Cannabis Legalization Bill

May 8, 2025

Nebraska Lawmakers to Reconsider Bill to Implement Voter-Approved Medical Cannabis Law

May 7, 2025

Bill to Legalize Adult-Use Cannabis Filed in Pennsylvania

May 6, 2025

Comments are closed.

Our Picks

Pennsylvania House Passes Cannabis Legalization Bill

May 8, 2025

Cannabis Company CEO Considering New Mexico Gubernatorial Bid

May 8, 2025

U.S. Supreme Court Declines to Hear Challenge to Medical Cannabis Advertising Ban

May 8, 2025

Minnesota Cannabis Licensing Lotteries Scheduled for June 5

May 7, 2025
  • Facebook
  • Twitter
  • Pinterest
  • Instagram
  • YouTube
  • Vimeo
Don't Miss
Law

Pennsylvania House Passes Cannabis Legalization Bill

By adminMay 8, 20250

The Pennsylvania House of Representatives on Tuesday gave initial approval to an adult-use cannabis legalization…

Cannabis Company CEO Considering New Mexico Gubernatorial Bid

May 8, 2025

U.S. Supreme Court Declines to Hear Challenge to Medical Cannabis Advertising Ban

May 8, 2025

Minnesota Cannabis Licensing Lotteries Scheduled for June 5

May 7, 2025

Subscribe to Updates

Get the latest creative news from Smoke Unlimited about Weed & CBD vaping.

From Our Partners
About Us
About Us

Get all the current news stories, latest trends and legislation regarding cannabidiol, products, usages and its benefits. So don’t miss out any buzz and stay tuned! We offer a minute to minute updates regarding Marijuana industry.

Facebook X (Twitter) Instagram Pinterest
Our Picks

Pennsylvania House Passes Cannabis Legalization Bill

May 8, 2025

Cannabis Company CEO Considering New Mexico Gubernatorial Bid

May 8, 2025

U.S. Supreme Court Declines to Hear Challenge to Medical Cannabis Advertising Ban

May 8, 2025
Sponsors
Copyright © 2025. SmokeProfessional
  • Home
  • Contact
  • Privacy Policy
  • Terms & Conditions

Type above and press Enter to search. Press Esc to cancel.