Attorney General Merrick Garland Initiates Process To Reschedule Cannabis With DOJ Legal Review, Where's The DEA?

Shortly after President Joe Biden revealed plans to reclassify cannabis as a Schedule III substance Thursday, the Department of Justice (DOJ) followed with an announcement that Attorney General Merrick Garland has formally initiated the rescheduling process with the submission of a legal review.

The notice, released in a DOJ press statement Thursday, includes a proposed rule that will be published in the Federal Register, kicking off a 60-day public comment period. Additionally, the Office of Legal Counsel (OLC) provided an opinion that supports the cannabis rescheduling action from a legal standpoint.

"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," reads the DOJ press statement.

Is The DEA Being Pushed Aside?

These documents released by the DOJ indicate that the Justice Department is exercising its authority to make a scheduling determination under the Controlled Substances Act (CSA), despite the DEA historically being delegated this power.

"The CSA vests the Attorney General with the authority to schedule, reschedule, or decontrol drugs," the DOJ stated. "The Attorney General has delegated that authority to the DEA Administrator, but also retains the authority to schedule drugs under the CSA in the first instance."

This move appears to challenge the criteria traditionally used by the DEA for the past five decades to justify marijuana’s stringent classification of cannabis in the same onerous category as heroin, meth and other hard drugs. Moving marijuana to Schedule III, while not legalizing it federally, acknowledges that cannabis has accepted medical value and little potential for abuse.

In January, the DEA told Congress that it "has the final authority to schedule, reschedule, or deschedule a drug under the Controlled Substances Act," and that it would conduct its own review.

Meanwhile, the draft rule points out that, following a scientific review initially recommended by President Biden in August 2023, the Dept. of Health and Human Services (HHS) concluded that a Schedule III reclassification was appropriate. Despite all of this, the DEA has yet to finalize its position on the appropriate schedule for marijuana.

Join the conversation about how all of this will shake out at the 19th Benzinga Cannabis Capital Conference in Chicago this October 8-9. Engage with top executives, investors, policymakers and advocates to explore the industry’s future. Secure your tickets now before prices increase by following this link.

Now Read: Finally, Tax Refunds! These Cannabis Companies Will Get The Most Money Back If Rescheduling Happens

Photo: Benzinga edit with images from DOJ via Wikimedia Commons, KATRIN BOLOVTSOVA via Pexels, and Clker-Free-Vector-Images via Pixabay