TOPIC

While the executive branch cannot direct the DEA to reschedule marijuana, it can commence procedures that could lead to the same result. The executive should direct HHS to commence a new study of marijuana, but this time on a one-year timeframe, focused specifically on comparing marijuana's effects to those of alcohol and tobacco. As we discuss in our Marijuana is Safer than Alcohol page, the results will almost certainly show that marijuana offers society a safer alternative to alcohol and tobacco. A finding that would justify a recommendation from HHS that the DEA should deschedule marijuana and place it under controls similar to those governing alcohol and tobacco. Upon such a recommendation, the DEA would be required, under 21 U.S.C. § 811(b), to deschedule the substance. 

Importantly, alongside descheduling, the DEA would issue proposed rules establishing a full regulatory framework to accompany the descheduling order. Whether these regulations would survive legal challenges is questionable, but as we have seen in Thailand, descheduling without accompanying regulation gives prohibitionists all the ammunition they need to roll back legalization efforts. This move alone would likely provide the push Congress needs to pass legislation for a robust, regulated cannabis market.