Rescheduling Marijuana FAQs: How Do I Submit Comments On DEA's Proposed Rules?

On May 16, 2024, the U.S. 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 Office of Legal Counsel (OLC) also provided a memo to the Department of Justice (DOJ) mostly supporting the DOJ's position on rescheduling. The DOJ oversees the DEA and grants the DEA authority to make rules under the CSA.

According to Marijuana Moment, the Proposed Rule will be published on May 21, 2024. Once that occurs, the notice and comment period will open. Interested parties, including those currently involved in the cannabis industry as well as the many industries which cannabis rescheduling will affect, should start considering now whether they wish to submit a comment and request a hearing at which to speak and present a comment.