DOJ Moves to Reclassify Marijuana to Schedule III

The Amtec Team

May 29, 2024

The U.S. Department of Justice (DOJ) has taken a significant step towards reclassifying marijuana from a Schedule I to a Schedule III controlled substance. The proposed rule, published on May 21, 2024, initiates a formal rulemaking process that invites public comment until July 22, 2024. This move aligns with the recommendations from the Department of Health and Human Services (HHS) made in August 2023, marking a potential shift in federal marijuana policy.

Rising Marijuana Usage

This proposed rescheduling comes at a time when marijuana use is increasingly prevalent in the U.S. A recent study indicates that daily marijuana consumption has surpassed daily alcohol consumption among Americans, highlighting a significant shift in substance use patterns. This trend underscores the growing acceptance and use of marijuana, further supporting the argument for its reclassification.

Background and Impetus for Change

In October 2022, President Biden directed the Attorney General and the Secretary of HHS to review the classification of marijuana under the Controlled Substances Act (CSA). Following this directive, the HHS conducted a scientific review and concluded that marijuana should be rescheduled to reflect its lower potential for abuse and accepted medical use. The DOJ, after considering legal advice from its Office of Legal Counsel, agreed to initiate the rescheduling process.

Current and Proposed Classifications

Under the current classification, marijuana is listed as a Schedule I drug, which includes substances like heroin and LSD, known for their high potential for abuse and no accepted medical use. Schedule III drugs, on the other hand, are defined as having a moderate to low potential for physical and psychological dependence and include substances like ketamine and anabolic steroids.

Implications for Medical and Legal Frameworks

If marijuana is reclassified to Schedule III, it will still be regulated under the federal CSA and subject to prohibitions under the federal Food, Drug, and Cosmetic Act. This change would acknowledge marijuana’s medical applications, such as in the treatment of anorexia, chemotherapy-induced nausea, and chronic pain, while also reducing some of the legal restrictions currently in place.

Impact on Employers and Safety-Sensitive Industries

One of the most significant impacts of this rescheduling will be on employers, particularly in industries with stringent drug testing requirements, such as transportation. The reclassification could prompt a reevaluation of testing policies for safety-sensitive positions regulated by agencies like the Federal Aviation Administration and the Federal Motor Carrier Safety Administration. Despite this potential change, marijuana will remain a controlled substance, and its use will continue to be regulated and monitored under federal law.

Public Participation and Next Steps

The rescheduling process includes a public comment period, allowing individuals and organizations to provide their input on the proposed rule. This feedback will be crucial in shaping the final decision, which could take several months or more to finalize. The public can submit comments and track the progress of this rulemaking on the Federal Register’s website.

For more information and to participate in the public comment period, visit the Federal Register.

This proposed rescheduling marks a pivotal moment in federal marijuana policy, reflecting evolving perceptions of marijuana’s risks and benefits. As the regulatory process unfolds, stakeholders from various sectors will be closely monitoring its implications.