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this post was submitted on 14 Jan 2024
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Can the DEA even reclassify drugs? All the DEA could do, in theory, is decriminalise and not prosecute - which they're kind of doing already.
It's up to Congress to write laws. Maybe the FDA, in this case.
The FDA and HHS have already made their recommendations to reschedule. Now the DEA gets to weigh in, then there’s a period for public comment. ~~After that, IIRC, the FDA makes a final decision~~. The current recommendation is to Schedule III from Schedule I.
but that’s just for rescheduling on a federal level.
edit: correction-- it's the DEA who makes the ultimate decision.
Unfortunately the DEA is the agency that makes the final decision. I have less faith in them to do the right thing on this than the FDA. Though the new head Biden appointed specifically called for a review of the scheduling, which could be a signal the DEA is receptive to dropping it. Schedule I for marijuana is a joke. I mean, you could make an argument caffeine is more dangerous. Even just lowering it to another level could make a big difference in the states it's legal.
ok, i just looked into this, and you're correct. my mistake.
Regarding their stance... i think this could go either way, and it's most likely to be a bit of a compromise, leaning into the FDA and HHS recommendation, as, historically, they've kid of ridden the fence on the issue, often giving a token, "we enforce the law," type of answer when questioned about their stance on the subject.
Thanks, that's a good overview.
Schedule III is still too harsh, imo, though.
agreed. Schedule IV or descheduling altogether would be most fitting. The fact that it's a legitimate medication for many conditions and is still the subject of a great deal of research muddies the waters a bit, however.
Yes, the DEA has the final say. Congress defers its rule making ability to agencies all the time, and it's codified in court under the Chevron Doctrine (something the current right wing faction would like to get rid of).
The FDA makes its recommendations and the DEA decides. This is the one part that makes me nervous; the DEA wants to keep that sweet War on Drugs budgeting going. But I don't think they'll be stubborn about it this time. Too much public opinion against them, including a chunk of Republicans.