Federal Marijuana Reform: Effects and Echoes of Rescheduling

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 May 2024, the Attorney General submitted a notice of proposed rulemaking to the Federal Register, initiating a formal rulemaking process to consider the reclassification of marijuana from a schedule I to a schedule III drug under the Controlled Substances Act (CSA). While the rulemaking process timeline has some uncertainties, many expect a final rescheduling rule could appear as soon as September or October 2024.

But what would such a move mean for modern marijuana laws, policies, and practices? Could medical marijuana products be prescribed by doctors and sold in pharmacies nationwide? Would changes in federal laws dramatically impact current medical and recreational industries operating under disparate state systems? And would placement in schedule III make a meaningful difference in the operation of criminal justice systems, especially for people with marijuana-related criminal convictions at the federal or state level?

On August 7, 2024, the Drug Enforcement and Policy Center and a panel of experts discussed the legal implications of marijuana’s status as a controlled substance and the potential impact of federal rescheduling.

Panelists:
John Hudak, Director of the Maine Office of Cannabis Policy
Robert Mikos, LaRoche Family Chair in Law, Vanderbilt University Law School 
Shane Pennington, Partner, Porter Wright Morris & Arthur LLP 

Moderator:
Cat Packer, Distinguished Cannabis Policy Practitioner in Residence at The Ohio State University Drug Enforcement and Policy Center and Director of Drug Markets and Legal Regulation at Drug Policy Alliance