DEA Proposes Rule To Reschedule Marijuana: Key Definitions

On May 16, 2024, the Drug Enforcement Administration (DEA) released the proposed rule (Proposed Rule) to reschedule marijuana from Schedule I to Schedule III under the Controlled Substances Act (CSA). The rule was published in the Federal Register on May 21, 2024, kicking off the notice and comment period. Comments must be submitted by July 22.

"Marijuana" under the CSA is defined as "all parts of the plant Cannabis sativa L., whether growing or not," in addition to seeds, resin, and other derivatives of the plant. However, the definition exempts hemp (cannabis with less than 0.3 percent delta-9 tetrahydrocannabinol (delta-9 THC)) and seeds incapable of germination or the stalks of the plant. The Proposed Rule will move marijuana from Schedule I to Schedule III but will not change the definition in the CSA.