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Data / Federal rules / 2024-11137

Schedules of Controlled Substances: Rescheduling of Marijuana

The Drug Enforcement Administration published this proposed rule in the Federal Register on May 21, 2024. Comments closed on July 22, 2024.

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What the agency says

The Department of Justice ("DOJ") proposes to transfer marijuana from schedule I of the Controlled Substances Act ("CSA") to schedule III of the CSA, consistent with the view of the Department of Health and Human Services ("HHS") that marijuana has a currently accepted medical use as well as HHS's views about marijuana's abuse potential and level of physical or psychological dependence. The CSA requires that such actions be made through formal rulemaking on the record after opportunity for a hearing. If the transfer to schedule III is finalized, the regulatory controls applicable to schedule III controlled substances would apply, as appropriate, along with existing marijuana-specific requirements and any additional controls that might be implemented, including those that might be implemented to meet U.S. treaty obligations. If marijuana is transferred into schedule III, the manufacture, distribution, dispensing, and possession of marijuana would remain subject to the applicable criminal prohibitions of the CSA. Any drugs containing a substance within the CSA's definition of "marijuana" would also remain subject to the applicable prohibitions in the Federal Food, Drug, and Cosmetic Act ("FDCA"). DOJ is soliciting comments on this proposal.

Key facts

Document number
2024-11137
Type
Proposed rule
Action
Notice of proposed rulemaking
Agency
Justice Department; Drug Enforcement Administration
Published
May 21, 2024
Comments due
July 22, 2024
Dates
Comments must be submitted electronically or postmarked on or before July 22, 2024. Interested persons may file a request for a hearing or waiver of an opportunity for a hearing or to participate in a hearing pursuant to 21 CFR 1308.44 and in accordance with 21 CFR 1316.47 or 1316.49, as applicable, which must be received or postmarked on or before June 20, 2024.
Docket
Docket No. DEA-1362; A.G. Order No. 5931-2024
Code of Federal Regulations
21 CFR 1308
Topics
Administrative practice and procedure; Drug traffic control; Reporting and recordkeeping requirements
Pages
26

The document on federalregister.gov PDF

Other documents from the Drug Enforcement Administration

Everything from the Drug Enforcement Administration · Rules on administrative practice and procedure · Rules on drug traffic control · Rules on reporting and recordkeeping requirements · Published in May 2024

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