The DEA Will Reschedule Cannabis — But NOT Hemp-Derived THC?

The U.S. Drug Enforcement Administration (DEA) has agreed with the earlier recommendation of the Department of Health and Human Services (HHS), and at the urging, opens new tab of President Biden, has signaled its intent to move Cannabis from Schedule I to Schedule III of the Controlled Substance Act (CSA), putting it on par with ketamine, anabolic steroids and some acetaminophen-codeine combinations.

While this move would do nothing to address legalized adult-use of cannabis, it would legally recognize the valid medical use of cannabis and open a door to a pathway for the use/availability of medical cannabis nationwide.

TO be clear, all the DEA has done is ANNOUNCE ITS INTENTION to reschedule through the rulemaking process. IT HAS NOT RESCHEDULED. Those familiar with the administrative rulemaking process know this can be a rather lengthy process. For perspective, the rulemaking concerning hemp-derived CBD, legalized as part of the 2018 Farm Bill, is entering its sixth year.

So let’s talk about what this process looks like, and what will happen in the meantime…

Video and text from Davis Legal

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