On May 16, 2024, the U.S. Department of Justice (DOJ) announced that the Attorney General had submitted to the Federal Register a notice of proposed rulemaking initiating a formal rulemaking process to consider moving marijuana from a Schedule I to Schedule III drug under the Controlled Substances Act (CSA), according to a press release from the DOJ.
Marijuana has been classified as a Schedule I drug since Congress enacted the CSA in 1970. On October 6, 2022, U.S. President Joe Biden issued a “Statement on Marijuana Reform” that asked the Attorney General and the Secretary of the Department of Health and Human Services (HHS) to launch a scientific review of how marijuana is scheduled under federal law.
After receiving HHS recommendations, the Attorney General sought the advice of the Justice Department’s Office of Legal Counsel (OLC) on questions relevant to this rulemaking. In light of HHS medical and scientific determinations, and OLC’s advice, the Attorney General exercised his authority to initiate the rulemaking process to transfer marijuana to Schedule III.
The rescheduling of a controlled substance follows a formal rulemaking procedure and the DOJ proposal has started the process. The Drug Enforcement Administration (DEA) will consider information submitted by the public to make a determination about the appropriate schedule. Until a final rule is published, marijuana remains a Schedule I controlled substance.
ClearStar is a global Human Resources technology company specializing in background checks, drug testing, and occupational health screening. ClearStar offers employers Drug Screening Compliance Packages, a Marijuana Legality Interactive Map, and a State Drug Testing Laws Interactive Map to help them comply with drug testing laws. To learn more, contact ClearStar.
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Thomas Ahearn - Digital Content Editor
Thomas Ahearn is a Digital Content Editor at ClearStar, a leading Human Resources technology company specializing in background checks, drug testing, and occupational health screening. He writes about a variety of topics in the background screening industry including Artificial Intelligence (AI), "Ban the Box," class action lawsuits, credit reports, criminal records, drug testing, Equal Employment Opportunity Commission (EEOC), Fair Credit Reporting Act (FCRA), identity theft, privacy, social media screening, and workplace violence.
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