Public Comment Period for Marijuana Rescheduling Ends, Next Steps Await

WASHINGTON, D.C. — The Biden Administration’s proposal to reschedule marijuana under the Controlled Substances Act (CSA) has officially concluded its public comment period. The Department of Justice (DOJ) and Drug Enforcement Administration (DEA) received an unprecedented 42,925 comments from the public, underscoring the significant interest and stakes involved in this issue.

Overwhelming Support for Broader Reform

Analysis of the public comments reveals a strong push for more comprehensive reforms. According to the Drug Policy Alliance (DPA), 69.3% of comments advocate for the rescheduling, decriminalization, or outright legalization of marijuana at the federal level. This widespread sentiment highlights the perceived shortcomings of merely rescheduling marijuana to Schedule III, which would still uphold federal criminalization and its associated penalties.

Next Steps in the Rulemaking Process

With the public comment period now closed, the DOJ and DEA will begin reviewing the submissions, considering the feedback as they work towards finalizing the rescheduling rule. If an administrative hearing is deemed necessary to gather additional input, further notice will be published in the Federal Register.

The timeline for completing the review and finalizing the rule remains uncertain, as the DEA has not specified the duration of this process. However, stakeholders are urging the agencies to expedite this critical reform.

Potential Implications for the Cannabis Industry

Rescheduling marijuana to Schedule III could ease some restrictions on cannabis-related research and modify the legal framework for manufacturers and distributors. Notably, it would eliminate the prohibition on claiming federal tax deductions for marijuana business expenses under Section 280E of the Internal Revenue Code.

Nevertheless, several key questions remain unresolved, such as whether marijuana will require a prescription and specific registration for manufacturers and distributors, and how rescheduling might impact existing state medical marijuana laws.

A Call for Further Action

Despite the closure of the public comment period, the call for comprehensive cannabis reform continues. The overwhelming support for rescheduling or decriminalization signals a need for the Biden Administration to exceed the modest rescheduling proposal and address the enduring harms of marijuana criminalization.

As the rulemaking process advances, stakeholders will vigilantly monitor the actions of the DOJ and DEA, continuing to advocate for a more equitable and just federal cannabis policy.

Ohio DDC Issues First Adult-Use Marijuana Licenses Following Issue 2Approval

COLUMBUS, OH — The Ohio Department of Commerce has officially issued the state’s first adult-use marijuana licenses, marking a significant milestone in the implementation of Issue 2, which legalized recreational cannabis in Ohio. This historic move follows months of regulatory preparation and is set to transform the state’s cannabis landscape.

The initial licenses are being granted primarily to existing medical marijuana operators, who have been given priority in the application process. This strategic decision aims to streamline the transition into the adult-use market while ensuring that established operators can quickly adapt to the new regulations. According to the Ohio Division of Cannabis Control (DCC), adult-use stores could begin operating as soon as this summer.

Key Details of the Licensing Process

The DCC has outlined a comprehensive framework for the licensing process, which includes:

  • Dual-Use Licenses: Current medical marijuana facilities can apply for dual-use licenses, allowing them to operate in both the medical and adult-use markets. This approach facilitates a smoother transition for operators already familiar with the state’s regulatory environment.
  • Provisional Licenses: The DCC plans to issue provisional licenses by September 7, 2024, enabling operators to commence adult-use sales while finalizing compliance with state regulations.
  • Social Equity Considerations: As part of the implementation of Issue 2, the DCC is also focused on incorporating social equity provisions. These measures aim to ensure that communities disproportionately impacted by past cannabis prohibition have opportunities to participate in the new market.

Industry Implications

The introduction of adult-use marijuana licenses is expected to have a profound impact on Ohio’s cannabis industry. With the potential for adult-use stores to open soon, the DCC anticipates significant market expansion, providing consumers with greater access to cannabis products.

However, questions remain regarding the long-term effects on the existing medical marijuana program and how the new adult-use market will coexist with it. Stakeholders are eager to understand the implications of these changes, particularly concerning pricing, product availability, and regulatory compliance.

Looking Ahead

As Ohio moves forward with its adult-use cannabis program, the DCC is committed to transparency and stakeholder engagement. A panel discussion hosted by the Drug Enforcement and Policy Center is scheduled for July 16, where experts will address key topics related to the implementation of Issue 2, including regulatory challenges and social equity initiatives.

The issuance of the first adult-use marijuana licenses marks a pivotal moment for Ohio, reflecting the state’s commitment to embracing cannabis reform and creating a regulated market that benefits all stakeholders involved. As the landscape evolves, the DCC will continue to monitor developments and adjust regulations to ensure a successful rollout of adult-use cannabis in Ohio.

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