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Justice Department Submits Proposed Regulation to Reschedule Marijuana

(May 20, 2024) On May 16th, the U.S. Department of Justice (DOJ) announced that the Attorney General has submitted to the Federal Register a notice of proposed rulemaking initiating a formal process to consider moving marijuana from a schedule I to a schedule III drug under the Controlled Substances Act.

In August 2004, the U.S. Department of Health and Human Services (HHS) recommended to the Drug Enforcement Administration (DEA) that marijuana be reclassified, and DOJ’s announcement confirms that it will propose the schedule transfer “consistent with the view of HHS that marijuana has a currently accepted medical use as well as HHS’s views about marijuana’s abuse potential and level of physical or psychological dependence.”

The DOJ statement notes: “The rescheduling of a controlled substance follows a formal rulemaking procedure that requires notice to the public, and an opportunity for comment and an administrative hearing. This proposal starts the process, where the Drug Enforcement Administration will gather and consider information and views submitted by the public, in order to make a determination about the appropriate schedule. During that process, and until a final rule is published, marijuana remains a schedule I controlled substance.”

LeadingAge will review the notice of proposed rulemaking and prepare additional information for members.

Contact: Annalyse Komoroske Denio, akomoroskedenio@leadingageny.org, 518-867-8866