Proposed Marijuana Reclassification And Impact On Employers

On May 16, 2024, the U.S. Department of Justice announced that the Attorney General has submitted a notice of proposed rulemaking initiating a formal rulemaking process to consider moving marijuana from a Schedule I to a Schedule III controlled substance.

Regulatory Next Steps

The rescheduling of a controlled substance follows a formal rulemaking procedure that requires notice to the public, and an opportunity for comment and an administrative hearing. The Attorney General's proposal starts the process, where the Drug Enforcement Administration (DEA) will gather and consider information and views submitted by the public, in order to make a determination about the appropriate schedule. During that process, and until a final rule is published, marijuana remains a Schedule I controlled substance. The Controlled Substances Act, passed in 1970, created five schedules of classifications of various substances, placing cannabis on Schedule I, along with heroin, LSD, and