Today, the DEA published notice of the proposed rescheduling of marijuana and draft regulatory text to move marijuana from Schedule I to Schedule III of the CSA.
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”). ~ Attorney General Merrick B. Garland
DEA has proposed the following Regulatory Text to
Reschedule Marijuana:
XI. Proposed Regulatory Text
List of Subjects in 21 CFR Part 1308
Administrative practice and procedure, Drug traffic control, Reporting and recordkeeping requirements.
For the reasons set out above, 21 CFR part 1308 is proposed to be amended as follows:
PART 1308— SCHEDULES OF CONTROLLED SUBSTANCES
1. The authority citation for 21 CFR part 1308 continues to read as follows: Authority: 21 U.S.C. 811, 812, 871(b), 956(b), unless otherwise noted.
2. Amend § 1308.11 by removing paragraph (d)(23) and paragraph (d)(58) and redesignating paragraphs (d)(24) through (d)(104) as (d)(23) through (d)(102), respectively.
3. Amend § 1308.11 by revising the renumbered paragraph (d)(30) to read as follows:
(d) * * *
(30) Tetrahydrocannabinols - 7370
(i) Meaning tetrahydrocannabinols, except as in paragraphs (d)(30)(ii) and (iii) of this section, naturally contained in a plant of the genus Cannabis (cannabis plant), as well as synthetic equivalents of the substances contained in the cannabis plant, or in the resinous extracts of such plant, or synthetic substances, derivatives, and their isomers with similar chemical structure and pharmacological activity to those substances contained in the plant.
(ii) Tetrahydrocannabinols does not include any material, compound, mixture, or preparation that falls within the definition of hemp set forth in 7 U.S.C. 1639o.
(iii) Tetrahydrocannabinols does not include any substance that falls within the definition of marijuana set forth in 21 U.S.C. 802(16).
4. Amend § 1308.13 by adding new paragraphs (h), (i), and (j) to read as follows:
§ 1308.13 Schedule III.
* * * * *
(h) Marijuana, as defined in 21 U.S.C. 802(16).
(i) Marijuana Extract, meaning an extract containing one or more cannabinoids that has been derived from any plant of the genus Cannabis, containing greater than 0.3 percent delta-9-tetrahydrocannabinol on a dry weight basis, other than the separated resin (whether crude or purified) obtained from the plant.
(j) Naturally Derived Delta-9-Tetrahydrocannabinols.
(i) Meaning those delta-9-tetrahydrocannabinols, except as in paragraphs (j)(ii) and (j)(iii) of this section, that are naturally contained in a plant of the genus Cannabis (cannabis plant).
(ii) Naturally derived delta-9-tetrahydrocannabinols do not include any material, compound, mixture, or preparation that falls within the definition of hemp set forth in 7 U.S.C. 1639o.
(iii) Naturally derived delta-9-tetrahydrocannabinols do not include any delta-9-tetrahydrocannabinols contained in substances excluded from the definition of marijuana as set forth in 21 U.S.C. 802(16)(B)(ii).
Read the Slip Opinion "Questions Related to the Potential Rescheduling of Marijuana" here.
Read the Full DEA Proposed Rule Rescheduling Marijuana to Schedule III here.
Public Comments must be submitted within 60 days of Publication in the Federal Register:
Electronic Written Comments Can be Submitted through Regulations.gov:
Written Paper Comments Can be Mailed to:
Drug Enforcement Administration,
Attn: DEA Federal Register Representative/DPW,
8701 Morrissette Drive,
Springfield, Virginia 22152.
For guidance in understanding the proposed regulatory text or assistance in submitting comments, schedule a consultation with your trusted counsel at EARTH Law, LLC: info@earthlawllc.com, 541-632-3946.
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