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.
