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Cannabis Rescheduling Enters Next Phase as Comment Period Closes

The deadline for public comments on the proposed rescheduling of cannabis in the US has now passed, with the Drug Enforcement Administration (DEA) receiving more than 40,000 submissions over the last 60 days.

Now the DEA will be tasked with reviewing the tens of thousands of submissions and identifying any legal or factural issues raised during the process, and it could issue public responses to certain comments.

There are numerous factors that could significantly impact the timeline of pushing rescheduling through, including whether the administration chooses to hold an administrative hearing on the proposals, which a number of the bills opponents have already called for.

Once the DEA decides to publish a ‘final rule’, the next major milestone in the process, a 30-day period for opponents to file lawsuit will be triggered, potentially delaying progress even further.

Among the 40,000 plus submissions to the DEA, was a comment from the Minority Cannabis Business Association (MCBA), which included the results of a new economic survey conducted by Beau Whitney.

Focusing specifically on the economic impact of rescheduling, as requested by the DEA in its initial call for comment, the report concluded: “Reclassification to Schedule III will have significant positive economic impacts on small businesses.

“Our comprehensive survey and detailed economic analysis projects that rescheduling and the resulting § 280E reform would result in the creation of 55,500 jobs by 2030, generating as much as $2.7 billion in wages and $5.6 billion in new economic activity. We therefore encourage DEA to act with deliberate speed in publishing a final rule moving marijuana to Schedule III.”

Elsewhere, the American Nurses Association (ANA) has formally supported the rescheduling of cannabis.

The ANA, representing 5 million registered nurses, has supported therapeutic cannabis use and research since 1996. In a recent letter to Attorney General Merrick Garland, the ANA stated that cannabis meets all requirements for Schedule III classification under the Controlled Substances Act (CSA).

They believe rescheduling would enhance research and allow healthcare practitioners to provide better care. Additionally, the ANA advocates for completely removing cannabis from CSA scheduling to resolve legal conflicts and improve access. They urge agencies to follow evidence and collaborate with Congress for this change.

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