DEA Announces Move to Reclassify Marijuana from Schedule I to Schedule III
Colleagues:
On April 30, the DEA announced a move to reclassify Marijuana from Schedule I to Schedule III, alongside Ketamine and some anabolic steroids. This would recognize the use of medical marijuana and make it easier to conduct research, but marijuana would not be legalized outright for recreational use. What happens next is that the Office of Management and Budget will weigh in. Once OMB signs off, there will then be a 120-day public Comment Period, followed by issuance of a Final Rule.
The DEA has been moving at glacier speed on this. It has been at least five years since legalization referenda have been moving through the states. 38 have already legalized medical marijuana and 24 legalized its recreational use. This has changed the dynamic of the discussion within the DEA. When the AP first reported this story, they quoted five anonymous sources within the DEA who noted that discussions are still sensitive.
Among the objections is that the US has international treaty obligations. The 1961 Single Convention on Narcotic Drugs requires criminalization of cannabis. Also, the federal court of appeals in Washington denied a similar request to reschedule marijuana in the past.
Given the political climate, I expect that this regulatory matter will pass, and we will be hearing more about this as the Presidential election draws near.
Jerome C. Cohen, MD
MSSNY President
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