Federal deadline looms for briefs on moving marijuana to Schedule III

The federal process to reconsider cannabis’s placement under the Controlled Substances Act reached a key milestone as the deadline for optional post-hearing briefs was set for Aug. 17. The hearing, which concluded on July 15, featured testimony from federal officials, medical experts, state representatives and advocacy groups, highlighting stark disagreements over medical benefits, public-health risks and commercial implications.

Chief Administrative Law Judge Derek Julius will review the submissions and issue a recommendation to the DEA administrator, but the advisory nature of the recommendation means a final agency ruling remains undetermined. Proponents, including NORML’s political director Morgan Fox, contend that moving marijuana to Schedule III would reflect its accepted medical use and allow businesses to deduct ordinary expenses under federal tax law.

Opponents such as Smart Approaches to Marijuana’s president Kevin Sabet argue the shift primarily aids the industry and fails to address concerns about high-potency products and youth protection. Regardless of the outcome, the debate is expected to continue through potential litigation and further challenges before a final DEA decision.