A few months ago, the Drug Enforcement Agency presented the American public with a historic decision — reclassifying marijuana.
Though the pending reclassification would still deem marijuana as a controlled substance, moving from Schedule I to Schedule III would be a significant shift in the federal government’s stance on cannabis.
Though the DEA’s ruling was in May, the next steps have been sensibly shrouded in bureaucratic policy. The DEA’s proposal had first to be approved by the White House Office of Management and Budget (OMB), followed by a mandatory public comment period, which has added a surprising element of complication to the reclassification timeline.
The DEA is legally required to respond to each comment to establish a final ruling in tandem with analyses from the DEA and the Department of Health and Human Services. And according to data from Forbes Magazine, over 40,000 comments were received — an unprecedented and record-breaking amount. Among the discourse is a fractured community, with some sharing anecdotes of the benefits of cannabis, while others express fear of drug abuse and crime.
However, Cannabis Business Times conducted an analysis of these comments, finding that 69% of commenters either support decriminalizing, descheduling or legalizing cannabis at a federal level. However, because the DEA is required to respond to all comments, which in this case is 43,000, delays regarding a final ruling were expected. Commenters can request an administrative hearing with the DEA, which could lengthen the process as well. Administrative hearings must be requested by Sept. 28.
The cannabis law firm, Vicente LPP, noted, "The timeframe for issuing a final rule is uncertain and not statutorily defined, but since the DEA is required to review and respond to every comment submitted during the notice period, it could take some time.
“Whether the DEA goes straight to issuing a final order or allows notice and comment, after the final decision/order is issued, it will not become effective until 30 days after it is published in the Federal Register. During this time, an aggrieved party that participated in the notice and comment period has 30 days to file a lawsuit to seek judicial review of the agency's decision. In the event of a lawsuit, it is possible the effective date of the reclassification is delayed by a court order.”
However, the final meeting regarding marijuana’s reclassification will be held on Dec. 2. If the DEA moves to reclassify cannabis, the ruling will go back to the OMB for final review. It will then be published in the Federal Register, where the DEA will likely submit another report to Congress for a 60-day review.
