In a groundbreaking development, the United States Department of Justice has taken a significant step towards potentially rescheduling marijuana from a schedule I to a schedule III drug under the Controlled Substances Act (CSA).

Marijuana has been classified as a schedule I drug since the enactment of the CSA in 1970. However, following President Biden's request last year, the Attorney General and the Secretary of Health and Human Services conducted a scientific review of marijuana's scheduling under federal law. In August of this year, the Attorney General received recommendations from the Health and Human Services, which were taken into consideration.

After seeking legal advice from the Department of Justice's Office of Legal Counsel (OLC), the Attorney General exercised his authority under the law to initiate the rulemaking process for transferring marijuana to schedule III. This move reflects the medical and scientific determinations made by the Health and Human Services and the legal advice provided by the OLC.

Rescheduling a controlled substance entails a formal rulemaking procedure that includes public notice, an opportunity for comment, and an administrative hearing. The Department of Justice's notice of proposed rulemaking begins this process, allowing the Drug Enforcement Administration (DEA) to gather input from the public and make an informed determination about the appropriate schedule for marijuana.

As of now, marijuana remains a schedule I controlled substance until a final rule is published. The DEA will carefully consider the information and views submitted during the rulemaking process before reaching a decision.

To access the notice of proposed rulemaking submitted by the Department of Justice, click here. Additionally, the OLC memorandum addressing key questions related to the potential rescheduling of marijuana can be found here.

It is important to highlight that until the rulemaking process is completed, marijuana's status as a schedule I drug remains unchanged. The Department of Justice aims to follow a transparent and thorough approach during this process and encourages public engagement to ensure a comprehensive review of the issue.

For more information about the rulemaking process, please visit the provided link. If you have any questions about government services, the Office of Public Affairs can be reached at the listed contact information.

This is a developing story, and we will continue to provide updates as the rulemaking process unfolds.