Urgent Input Needed on Marijuana Rescheduling

Urgent Input Needed on Marijuana Rescheduling

Deadline for Public Comments: July 22^nd

The Department of Justice (DOJ) has proposed to reclassify marijuana from Schedule 1 to Schedule III of the Controlled Substances Act. In response, the DEA is seeking public comments on this issue through July 22nd. This is a critical opportunity for individuals and organizations to voice their opinions and concerns about this proposed change.

Background

On October 6, 2022, President Biden asked the Attorney General and the Secretary of HHS to promptly begin reviewing the federal scheduling of marijuana. Following this request, HHS conducted a scientific and medical evaluation of marijuana as defined by the Controlled Substances Act. From their flawed analysis (read an in-depth analysis of what HHS got wrong by SAM here), HHS indicated that marijuana has a lower potential for abuse compared to Schedule 1 and II substances, has an accepted medical use, and its abuse may lead to moderate or low physical dependence of psychological dependence, aligning with Schedule III criteria. On August 29, 2023, Admiral Rachel L. Levine, M.D., HHS's Assistant Secretary for Health, recommended to the DEA that marijuana be reclassified as a Schedule III substance under the CSA. The DEA has not yet decided on the appropriate scheduling for marijuana.

The DEA believes that additional information from this rulemaking will help determine the appropriate schedule for marijuana. They are actively reviewing scientific literature on marijuana, focusing on its scientific and medical evaluation. Alongside HHS's determinations, the DEA considers factual evidence, expert opinions, and data on different forms, formulations, delivery methods, and effects of marijuana at various dosages relevant to this decision.

Difference between Schedule I and Schedule III

Press coverage of this issue has led to the misconception that marijuana should be rescheduled because it is not as dangerous as other Schedule I substances. The scheduling of substances under the Controlled Substances Act does not indicate whether one substance is more dangerous than another. Instead, it categorizes substances based on their potential for abuse and accepted medical value.

As a Schedule I substance, marijuana is considered to have a high potential for abuse and no accepted medical value. Changing policies have led to increased marijuana usage and abuse. Daily marijuana use now exceeds daily alcohol use, and the associated harms are on the rise. Marijuana addiction is common and can be severe, clinically diagnosed as Cannabis Use Disorder. Marijuana is linked to numerous physical and mental health effects. For a detailed look at these harms, consult the library of scientific literature here.

Schedule III substances are defined as drugs with a moderate to low potential for physical and psychological dependence. An important note about rescheduling marijuana to Schedule III is that it would make the marijuana industry considerably more profitable by enabling standard business deductions currently denied to companies dealing with Schedule I substances.

For a detailed discussion about this, access a recording of a webinar on this issue hosted by Smart Approaches to Marijuana (SAM) here.

Importance of Public Comments

Public comments play a crucial role in the decision-making process. They allow policymakers to gauge public sentiment, understand the diverse perspectives of various stakeholders, and consider scientific evidence and personal experiences. There are over 29,000 public comments submitted.

How to Submit Comments

Submitting a public comment is a straightforward process. Click here to visit the official website to submit your comment. Do not submit any personally identifiable information (such as name, address, phone number). You can also submit a prepopulated form created by SAM here.

The deadline for submission is July 22^nd. Don't miss this chance to make your voice heard and contribute to an important societal issue.

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