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It’s been a wild week in the rulemaking around marijuana rescheduling, to say the least. I’ve started writing about it a couple of times, only to be whipsawed by filings, rulings, prominent hot takes, prominent rebuttals, and more. All while trying to do my real job here at the firm.
Below are my thoughts on the state of this terrible pageant, in FAQ format.
What is even going on right now?
Let’s start with the procedural posture. Marijuana rescheduling is mired in an administrative rulemaking process, whereby the Drug Enforcement Administration (DEA) is the hapless, cynical “proponent” of a proposed Department of Justice (DOJ) rule.
Specifically, in May of 2024, DOJ appointed DEA to carry its water on moving marijuana from Schedule I to Schedule III of the Controlled Substances Act (CSA). DOJ’s recommendation takes the form of a Notice of Proposed Rulemaking (NOPR). The Notice was issued because President Biden, in October of 2022, directed the Department of Health and Human Services (HHS) to revisit the Schedule I status of marijuana. HHS did so in collaboration with its downstream agency, FDA, and recommended Schedule III. DOJ then proposed the rule.
Fast forward to this
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