SUMMARY: 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.
NDPA EXPLANATORY: GUIDANCE TO THE ATTORNEY GENERAL’S COMMENT:
To access the Attorney General’s full document:
- Click on the link below.
- An image – the front page of the full document will appear.
- This image will be somewhat blurred – CLICKING ON IT WILL STILL ACTIVATE IT.
- Click on the image to open the full document.
Source:
21 CFR Part 1308 – Docket No. DEA-1362; A.G. Order No. 5931-2024 – DEA USA.
‘Schedules of Controlled Substances: Rescheduling of Marijuana’