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DEA Will Hold Public Hearing to Address Marijuana Rescheduling

By Kathryn J. Russo on September 6, 2024
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The Drug Enforcement Administration announced on August 29, 2024 that it will hold a public hearing to address the proposed rescheduling of marijuana from Schedule I to Schedule III of the federal Controlled Substances Act (CSA).  The hearing will take place on December 2, 2024 at 9 am ET at 700 Army Navy Drive, Arlington, Virginia 22202. 

The purpose of the hearing is to “receive factual evidence and expert opinion regarding” whether marijuana should be transferred to Schedule III of the federal CSA.

Under the federal CSA, the DEA classifies drugs into five distinct categories, or schedules, depending on the drug’s acceptable medical use and its potential for abuse or dependence. Schedule I drugs are defined as having no currently accepted medical use and a high potential for abuse. As the drug schedule changes, so does the abuse potential, with Schedule V representing the drugs with least potential for abuse. Schedule III drugs are defined as drugs with a moderate to low potential for physical and psychological dependence.

If the rule is finalized, marijuana would be available for medical use only, not legalized at the federal level.

DEA published its Notice of Proposed Rulemaking on May 21, 2024.  It received more than 43,000 comments on the proposed reclassification.

Anyone who wishes to participate in the hearing must provide written notice of their desired participation on or before September 30, 2024, in accordance with the regulatory requirements published in the Federal Register notice.

Photo of Kathryn J. Russo Kathryn J. Russo

Kathryn J. Russo is a principal in the Long Island, New York, office of Jackson Lewis P.C. She is a firm resource on the legal issues implicated in workplace drug and alcohol testing arising under federal, state and local laws, as well as…

Kathryn J. Russo is a principal in the Long Island, New York, office of Jackson Lewis P.C. She is a firm resource on the legal issues implicated in workplace drug and alcohol testing arising under federal, state and local laws, as well as substance abuse management and marijuana laws’ impact on employers.

Kathryn helps clients navigate workplace problems involving drugs and alcohol. She regularly works with corporate counsel and human resources executives to develop substance abuse policies to comply with federal drug and alcohol testing regulations (including all agencies of the U.S. Department of Transportation), as well as state and local drug and alcohol testing laws and marijuana laws in all 50 states. In addition, she defends employers in litigation where drug and alcohol test results are at issue, and frequently conducts “reasonable suspicion” training for employers in connection with their substance abuse policies. Kathryn also advises employers on leave and disability management issues arising when employees seek leave or other accommodations related to substance abuse rehabilitation.

Read more about Kathryn J. RussoEmail
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  • Posted in:
    Employment & Labor
  • Blog:
    Drug and Alcohol Testing Law Advisor
  • Organization:
    Jackson Lewis P.C.
  • Article: View Original Source

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