M4MM POTENTIAL IMPLICATIONS FROM DHHS CRS REPORT, REVIEW OF RESCHEDULING RECOMMENDATION DHHS , PROPOSED RULE DEA , TALKING POINTS AND LETTERS OF SUPPORT FOR SCHEDULE III AND SCHEDULE V Potential Implications of a Move to Schedule III – Congressional Research Services (CRS) Report on DHHS rescheduling recommendation A change to Schedule III would mark a major shift in the federal government’s policy on marijuana. For over 50 years, marijuana has remained on Schedule I. Violations of CSA law involving marijuana have resulted in criminal sanctions for thousands of offenders. There are many federal policy implications of such a shift, particularly because most states now have comprehensive medical marijuana programs. The following are selected federal policy implications if marijuana were to be rescheduled: Those who manufacture, distribute, dispense, and possess medical marijuana may now be able to do so lawfully (under the CSA). States’ medical marijuana programs may now be able to comply with the CSA, and will still be subject to CSA/DEA criminal and regulatory control, federal public health laws such as the Federal Food, Drug, and Cosmetic Act, and agricultural laws such as the Agricultural Marketing Act of 1946. The scope of and demand for FDA oversight for medical marijuana and related products may grow considerably. In the short term, FDA may need to generate or update a substantial amount of technical information to clarify its regulatory approach to marijuana for relevant stakeholders. Given that marijuana is a complex substance containing various pharmaceutical components and is available to consumers in numerous formats, FDA may also need to consider long-term resource allocation to ensure that marijuana products consistently meet applicable regulatory standards. Marijuana producers and retailers would be able to deduct the costs of selling their product (e.g., payroll, rent, advertising) for the purposes of federal income tax filings. Those who use medical marijuana lawfully may now be eligible to (1) access public housing, (2) obtain immigrant and nonimmigrant visas, and (3) purchase and possess firearms. Those who use marijuana recreationally would still face restrictions in these areas. Researchers would face less strict regulatory controls in researching marijuana as a Schedule III controlled substance, which may in turn promote further research on marijuana.
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DEA would no longer set production quota limitations for marijuana.
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Those who use medical marijuana lawfully may contend with fewer barriers to federal employment and eligibility to serve in the military.
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