Last month, the Drug Enforcement Administration (DEA) ended its 60-day public comment period for the proposed rescheduling of marijuana. The comment period resulted in more than 43,000 public comments, most of which were in support of changing the drug’s classification. But the largest portion of comments supported removing the drug from the Controlled Substances list altogether.
As the 60-day public comment period drew to a close, 43,552 submissions had been filed. These submissions came from a wide spectrum of voices, including governors, members of Congress, medical professionals, advocacy groups and individuals. Each group brought distinct concerns and arguments to the forefront.
Some commentators supported the reclassification of cannabis under Schedule III, which would designate it as a drug with some medical benefits. Many voiced that the change would be a compromise that could provide a regulatory framework for medical research into the drug.
But many reform groups and other commentators criticized the proposed change, arguing that it would fail to address critical issues like the conflict between state and federal marijuana laws and the number of people incarcerated due to prohibition.
Some critics also said the President Joe Biden administration’s proposal to deschedule was politically motivated rather than rooted in scientific evidence. Others highlighted areas of concern related to medical access to cannabinoids, international treaty obligations and more.
Two reports analyzing the comments found overwhelming support for descheduling marijuana completely.
Industry analytics firm Headset found that only 8% of the comments were in favor of leaving marijuana in Schedule I. But a substantial majority — 57% — called for the complete removal of marijuana from the list of controlled substances altogether rather than changing it to Schedule III.
Drug reform advocacy group Drug Policy Alliance had similar findings. Their assessment found that 69% of comments supported either descheduling, decriminalization or legalization of cannabis at the federal level. This stance reflects a growing consensus among commenters that current laws are overly punitive and fail to reflect the evolving public attitudes towards cannabis.
The extensive participation in the public comment process itself signals a significant shift in public opinion and engagement on cannabis policy. The turnout crushed previous records set during similarly contentious regulatory debates, indicating heightened public interest and stakeholder engagement.
The Department of Justice (DOJ) is now tasked with reviewing the public comments before going ahead with any plans. The agency expressed particular interest in understanding the economic impacts of rescheduling, acknowledging that state-level legalization has created a robust cannabis industry generating billions of dollars in revenue.
A number of local stakeholders submitted comments to the DEA.
Baca Pharms LLC wrote: “As a state-licensed Cannabis Producer and Manufacturer, I would like to see Marijuana remain on Schedule I for the reasons that the State of New Mexico regulates all Cannabis activity in New Mexico. I would like those options to remain. Reason being; I do not want to have to register my Cannabis Operation with the DEA (Drug Enforcement Agency) with the strict regulations that come with Federal involvement.”
Las Cruces resident Susan Hanson wrote: “This is an important step toward a change in marijuana policy that addresses the decades-long discrimination against Black and Brown communities. Taking marijuana out of the same classification as more harmful substances like methamphetamine and heroin will give a huge boost to cannabis researchers and those in the cannabis business, and set the stage for further reparative measures for impacted communities.”
Los Ranchos resident Thomas Donelan wrote: “As a good friend of a man that lives in pain all the time who is allergic to opioids, fortunately living in NM medical cannabis is legal and a god send; it is one of the few things that keep him going. But Border Patrol in New Mexico have [seized] his medicine at checkpoints a hundred miles from the border. For someone on disability income, this means he is forced to live in pain for the rest of the month—cruel and unjustifiable punishment … Changing marijuana/cannabis to Schedule III or less would change his life and probably allow him to return to work and get off disability when he has the pain consistency managed.”
New Mexico resident John Kretzmann wrote: “While I appreciate the Administration’s
recognition that marijuana should be removed from Schedule I, this proposed rule falls short and
ultimately will not reduce the decades of damage caused by the criminalization of
marijuana … Rather than rescheduling, I urge the DEA to reconsider its proposed rule and instead issue a rule that would completely deschedule marijuana from the CSA.”
Attention now turns to future administrative hearings that will further explore these issues before a final decision is made by the DEA.