However, the rescheduling does not fully legalize cannabis or bring state-regulated markets into compliance with federal law. According to the Congressional Research Service, activities related to recreational marijuana would remain illegal under federal law, and other legal consequences, such as implications for bankruptcy proceedings, immigration status, and gun ownership, would continue.
Marijuana Moment
The DEA has reminded Congress that it retains “final authority” on marijuana rescheduling, despite recommendations from the Department of Health and Human Services. The agency is currently conducting its review, with no specific deadline for a decision.
Political dynamics further complicate the rescheduling efforts. Senators Cynthia Lummis and Steve Daines introduced the Deferring Executive Authority (DEA) Act, requiring any administrative proposal to transfer marijuana between schedules to be submitted to Congress for review. Additionally, Senator Mitt Romney and colleagues expressed concerns that the proposed rule lacks adequate scientific support.
Public opinion appears to favor reform, with nearly 43,000 comments submitted during the DEA’s public comment period, 92.45% of which supported reclassifying marijuana. However, the final decision on rescheduling has likely been delayed until after the next presidential inauguration in January 2025.
As the cannabis industry awaits further developments, the future of federal cannabis reform remains uncertain, influenced by political, legal, and public health considerations.
Dabbin-Dad Newsroom
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