The recent public comment period on the federal government’s proposal to reclassify marijuana from Schedule I to Schedule III of the Controlled Substances Act (CSA) concluded with a striking majority advocating for more comprehensive reform. According to multiple analyses, over 42,000 comments were submitted, with the vast majority supporting either rescheduling or full descheduling of marijuana.
Two independent reports, one from industry analytics firm Headset and another from the Drug Policy Alliance (DPA), highlighted the strong public sentiment for broader marijuana reform. Headset's report indicated that while 35% of comments favored rescheduling, a significant 57% pushed for complete descheduling.
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This would remove marijuana from the CSA entirely, a step that many believe is necessary to address the lingering issues of federal criminalization and its associated social injustices.
The DPA's analysis further underscored this trend, revealing that nearly 70% of commenters supported federal decriminalization or legalization.
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Despite the strong public backing, the DEA has yet to take a definitive stance on the matter. The agency initiated the notice-and-comment rulemaking process in May 2024, but the final decision on rescheduling remains pending.
The Health and Human Services Department (HHS) had previously recommended reclassifying marijuana to Schedule III, acknowledging its accepted medical use in the U.S. However, the DEA's response has been cautious, emphasizing the need for further evidence and public input.
Public support for marijuana reform has been growing steadily, reflected in the grassroots efforts that drove many of the comments. For instance, a significant portion of submissions came through a tool hosted by United for Marijuana Decriminalization, a coalition aiming to amplify the voices of those impacted by marijuana criminalization. These comments often emphasized the need for federal reforms to advance racial justice and social equity.
As the Biden administration and federal agencies review these public comments, the call for more comprehensive marijuana reform is clear. Advocates argue that rescheduling marijuana to Schedule III, while beneficial in reducing some barriers for businesses and research, falls short of addressing the broader issues of criminalization. The public’s overwhelming support for descheduling suggests a strong mandate for the administration to take bolder steps in its marijuana policy.
