More than 50 years ago, the Controlled Substance Act of 1970 (CSA) placed marijuana on Schedule I of the Federal List of Controlled substances despite the recommendation of government experts to decriminalize. Yesterday, the U.S. Department of Justice (DOJ) issued a Notice of Proposed Rulemaking (NPRM) to reclassify cannabis from Schedule I to Schedule III in what President Biden called a “monumental” step in federal marijuana policy. The NPRM is the result of the DOJ’s Drug Enforcement Administration (DEA) review of the CSA classification of marijuana following the U.S. Department of Health and Human Services (HHS) recommendation to move marijuana to Schedule III sent to DEA in August of 2023.

The NPRM marks the beginning of the process that many anticipate will conclude with a Final Rule before the close of the year. Once published, the DOJ’s proposal will be subject to a 60-day public comment period that provides opportunity for interested parties to submit comments and engage in the rulemaking process.

Our Cannabis Team will continue to review the NPRM and share insights on the impacts of rescheduling, including the timeline for changes to IRS Code Section 280I. Ice Miller is actively engaged in the process and can guide your business through the rulemaking and implementation – from preparing and submitting public comments to championing amendments during the legislative process necessary for Congress to align federal law with the move from Schedule I to Schedule III.

For more information on cannabis rescheduling or how Ice Miller can help your business understand and navigate the process, please contact Amber Littlejohn, Michael Stroud, Joe Heaton, Kristina Dahmann, or Miranda Greene.

For more information and Ice Miller perspectives on Rescheduling, see our previous articles The Journal of Federal Agency Action or the DEA Will Move to Reschedule Cannabis.

This publication is intended for general information purposes only and does not and is not intended to constitute legal advice. The reader should consult with legal counsel to determine how laws or decisions discussed herein apply to the reader's specific circumstances.