The federal government has been considering whether to move all cannabis from Schedule I to Schedule III. The Department of Justice already rescheduled state-legal medical marijuana, but adult-use remains in question. Now, the process is one step closer to a final decision.
RELATED: Hemp fight sparks GOP ‘blowup’ as Trump pushes to delay ban
According to Marijuana Moment, participants in the Drug Enforcement Administration (DEA) cannabis rescheduling hearings have filed their final briefs. The DEA is the proponent of the proposed rule, while several organizations that oppose the move were selected as “interested parties.”
The hearings, held earlier this summer, centered on one main question: Does cannabis meet the legal criteria for Schedule III? Currently, cannabis is designated as a Schedule I drug under the Controlled Substances Act, defined as a drug with no known medical benefit and a high risk of abuse.
In its final brief, the DEA pointed to a Department of Health and Human Services report recommending cannabis move to Schedule III. The report concluded that marijuana has a currently accepted medical use in the U.S., citing scientific evidence and widespread medical use under state programs.
“Such practices demonstrate that there is no longer a lack of accepted safety for use of marijuana under medical supervision, and as such, marijuana does not fulfill the requirements of being a Schedule I substance,” the DEA filing reportedly reads.
RELATED: Texas THC laws just changed again – here’s what to know
The DEA said the arguments against rescheduling have “no merit.” The agency also argued that opponents, including Smart Approaches to Marijuana (SAM), acknowledged during the hearings that cannabis can have medicinal value.
What do opponents say?
Marijuana Moment also reported on the final briefs submitted by opposing groups like SAM. In its brief, the organization argued that previous attempts to reschedule marijuana were rejected under the DEA’s former five-part test for determining whether a drug has a currently accepted medical use.
The DEA now uses a two-part review to determine scheduling.
In its filing, the National Drug and Alcohol Screening Association argued that moving cannabis to Schedule III could undermine federal requirements for testing. They expressed concerns that people in safety-sensitive careers, like truck drivers and air traffic controllers, would no longer be subject to cannabis drug testing.
RELATED: Could pilots legally use cannabis someday? FAA seeks answers
Opponents also argued the DEA failed to acknowledge the risks of cannabis consumption, specifically as they relate to mental health, impaired driving, and other negative health outcomes.
DEA Chief Administrative Law Judge Derek Julius will review the hearing testimony and final briefs from all parties. Julius will then issue his recommendation.
The DEA administrator will then make the agency’s final decision. With the final briefs submitted, both supporters and opponents of rescheduling are one step closer to an answer.
