Public Comment Period for Federal Cannabis Rescheduling Ends Monday

The Department of Justice (DOJ) has proposed moving cannabis from Schedule I to Schedule III under the Controlled Substances Act (CSA), a change reflecting its widely accepted medical use and revised views on its abuse potential and dependence risk. This proposal aligns with recommendations from the Department of Health and Human Services (HHS) submitted last year.

Public response has been robust, with over 37,000 comments submitted so far. The public comment period will close on July 22, 2024, providing only three more days for individuals and organizations to express their views.

If finalized, this change would subject cannabis to Schedule III regulatory controls, which are less stringent than those for Schedule I substances. However, existing marijuana-specific regulations and criminal prohibitions under the CSA and the Federal Food, Drug, and Cosmetic Act (FDCA) would still apply. The change also would not explicitly change anything for state-legal cannabis markets, or for people currently incarcerated for cannabis-related convictions.

The DOJ has invited the public to submit comments electronically through the Federal eRulemaking Portal at regulations.gov by referencing “Docket No. DEA-1362.” Alternatively, paper comments can be mailed to the Drug Enforcement Administration (DEA) at their Springfield, Virginia address, but electronic submissions are encouraged to streamline the process. All comments received will be part of the public record and accessible online.

This proposed rescheduling marks a pivotal moment in federal cannabis policy, potentially easing restrictions on research and medical use while maintaining regulatory oversight. Stakeholders have until 11:59 p.m. Eastern Time on July 22 to submit their input and contribute to this historic decision-making process. Click here to submit a public comment before the deadline.