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ARTICLE · 28 NOVEMBER 2024

Gentlemen, Start Your Engines: DEA's Marijuana Rescheduling Hearing Begins Monday

Hyman, Phelps, & McNamara
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Last May the Department of Justice ("DOJ") and the Drug Enforcement Administration ("DEA") issued a Notice of Proposed Rulemaking ("NPRM") to transfer marijuana from schedule I of the Controlled Substances Act ("CSA") to schedule III.

United StatesCannabis & Hemp
Larry K. Houck
Larry K. Houck

Last May the Department of Justice ("DOJ") and the Drug Enforcement Administration ("DEA") issued a Notice of Proposed Rulemaking ("NPRM") to transfer marijuana from schedule I of the Controlled Substances Act ("CSA") to schedule III. Schedules of Controlled Substances: Rescheduling of Marijuana, 89 Fed. Reg. 44,597 (May 21, 2024).. The NPRM was consistent with the Department of Health and Human Services' finding that marijuana has a currently accepted medical use in the U.S. and its views about abuse potential and physical or psychological dependence. The CSA requires scheduling actions through formal notice and comment rulemaking on the record after opportunity for a hearing.

If DEA reschedules marijuana to schedule III, regulatory controls applicable to schedule III controlled substances would apply as well as marijuana-specific requirements and any controls that might be implemented to meet U.S. treaty obligations. Drugs containing any substance within CSA's

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