Changes in Federal Approaches to Cannabis: Process and Impact

In 1971, marijuana was designated as a Schedule I drug, meaning that it “has a high potential for abuse, no currently accepted medical use in treatment, and a lack of accepted safety for use under medical supervision.” After decades-long efforts by advocates and researchers, President Biden announced in October 2022 that he instructed “the Secretary of Health and Human Services and the Attorney General to initiate the administrative process to review expeditiously how marijuana is scheduled under federal law.” In January 2023, the FDA issued a statement saying that a new regulatory pathway for CBD is needed that balances individuals’ desire for access to CBD products with the regulatory oversight required to manage risks. Although these actions illustrate that the federal government is shifting its approach on cannabis, the mechanics of the scheduling review and the implications of such shift are not well understood.

On June 22, 2023 the Drug Enforcement and Policy Center and a panel of experts discussed the role of other federal agencies in the scheduling review process and the legal implications of marijuana’s status as a controlled substance and the potential impact of rescheduling marijuana or descheduling it entirely. This panel considered impacts on criminalization, research, medical access, and the medical and adult use cannabis industries currently regulated by states.

Panelists:
John Hudak, Director of the Maine Office of Cannabis Policy
Robert Mikos, LaRoche Family Chair in Law, Vanderbilt University Law School 
Fatima Afia, Attorney, Rudick Law Group, PLLC
Shane Pennington, Partner, Porter Wright Morris & Arthur LLP 
Patricia Zettler, Associate Professor of Law at The Ohio State University Moritz College of Law

Moderator:
Cat Packer, Director of Drug Markets and Legal Regulation, Drug Policy Alliance