DEA Rescheduling of Cannabis Update
The Comment period is over, here is what to expect next.
Determination To Propose Rescheduling Marijuana to Schedule III
HHS has recommended a finding that marijuana has a CAMU. HHS Basis for Rec. at 63-64. After considering the foregoing facts and data and the recommendation of HHS, and after according binding weight to HHS’s scientific and medical determinations, the Attorney General concludes that there is, at present, substantial evidence that marijuana does not warrant control under schedule I of the CSA. Accordingly, the Attorney General is issuing this notice of proposed rulemaking to initiate rulemaking proceedings to reschedule marijuana. 21 U.S.C. 811(b).
When do rules go into effect.
When
an
agency
publishes
a
final
rule,
generally
the
rule
is
effective
no
less
than
thirty
days
after
the
date
of
publication
in
the
Federal
Register.
If
the
agency
wants
to
make
the
rule
effective
sooner,
it
must
stcite
“good
cause”
(persuasive
reasons)
as
to
why
this
is
in
the
public
interest.
Significant
rules
(defined
by
Executive
Order
12866)
and
major
rules
(defined
by
the
Small
Business
Regulatory
Enforcement
Fairness
Act)
are
required
to
have
a
60
day
delayed
effective
date.
How is the Congress in involved in reviewing final rules?
Under
the
Small
Business
Regulatory
Enforcement
Fairness
Act
(also
known
as
the
Congressional
Review
Act),
new
final
rules
must
be
sent
to
Congress
and
the
Government
Accountability
Office
for
review
before
they
can
take
effect.
“Major
rules”
(ones
that
are
economically
significant
and
require
OIRA
review)
must
be
made
effective
at
least
60
days after
the
date
of
publication
in
the
Federal
Register,
allowing
time
for
Congressional
review.
In
emergency
situations,
a
major
rule
can
be
made
effective
before
60
days.
If
the
House
and
Senate
pass
a
resolution
of
disapproval
and
the
President
signs
it
(or
if
both
houses
override
a
presidential
veto),
the
rule
becomes
void
and
cannot
be
republished
by
an
agency
in
the
same
form
without
Congressional
approval.
Since
1996,
when
this
process
started,
Congress
has
disapproved
only
one
rule.
Congress
may
also
exercise
its
oversight
in
other
ways,
by
holding
hearings
and
posing
questions
to
agency
heads,
by
enacting
new
legislation,
or
by
imposing
funding
restrictions
Compassionate Oregon will continue to monitor this and provide updated information on how a down scheduling to Schedule III might affect Oregon’s medical program or cannabis research currently being conducted in Oregon.