DOJ Releases Proposed Rule to Ease Federal Restrictions on Marijuana

On May 16, 2024, the U.S. Department of Justice (DOJ) announced a proposed rule that would reschedule marijuana from a Schedule I to a Schedule III drug under the Controlled Substances Act (CSA). This rescheduling would ease federal restrictions on marijuana and limit punishment for those in possession of marijuana. Although the proposed rule would not legalize marijuana in all instances, it would classify marijuana as having an accepted medical use.

Background

The CSA establishes a unified framework for controlling drugs and other substances that are found to pose a risk of abuse. In order to balance various competing interests (including the potential for abuse, medical use and safety), the CSA places each controlled drug into one of five schedules. Schedule I drugs are subject to the greatest restrictions, and Schedule V drugs are subject to the fewest restrictions. Marijuana has been classified as a Schedule I drug since the inception of the CSA in 1970.

Proposed Rule

The proposed rule would reschedule marijuana from a Schedule I to a Schedule III drug. Schedule I drugs are considered to have no accepted medical purpose and may not prescribed by a health care provider, while Schedule III drugs may be available for medical use. However, while the proposed rescheduling would ease restrictions on marijuana at the federal level, it would not legalize the use of marijuana for nonmedicinal purposes. Rather, federal marijuana restrictions would continue to be stricter than those in many states that allow recreational marijuana use.

The DOJ will accept comments on the proposed rule for 60 days after it has been published in the Federal Register. 

Impact on Employers

Employers should note that many states and municipalities have their own laws regarding the legal use of marijuana specific to the employment context—including laws governing disability discrimination, drug testing and off-duty conduct—that they must comply with as well. Employers should also monitor updates on the proposed rule, including the publication of a final rule. If the law takes effect, employers may consider modifying existing policies (e.g., disability accommodation practices and drug testing procedures) to account for the rescheduling.

 Important Information

• On May 16, 2024, the DOJ announced a proposed rule to reschedule marijuana from a Schedule I to a Schedule III drug.
• Under a Schedule III classification, marijuana would be considered as having a currently. accepted medical use.
• The rule would not legalize recreational marijuana at the federal level.

This Legal Update is not intended to be exhaustive nor should any discussion or opinions be construed as legal advice. Readers should contact legal counsel for legal advice. © 2024 Zywave, Inc. All rights reserved.