It's been a wild week in the rulemaking around marijuana
rescheduling, to say the least. I've started writing about it a
couple of times, only to be whipsawed by filings, rulings,
prominent hot takes, prominent rebuttals, and more. All while
trying to do my real job here at the firm.
Below are my thoughts on the state of this terrible pageant, in
FAQ format.
What is even going on right now?
Let's start with the procedural posture. Marijuana
rescheduling is mired in an administrative rulemaking process,
whereby the Drug Enforcement Administration (DEA) is the hapless,
cynical "proponent" of a proposed Department of Justice
(DOJ) rule.
Specifically, in May of 2024, DOJ appointed DEA to carry its
water on moving marijuana from Schedule I to Schedule III of the
Controlled Substances Act (CSA). DOJ's recommendation takes the
form of a Notice of Proposed Rulemaking (NOPR). The
Notice was issued because President Biden, in October of 2022,
directed the Department
