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Interesting, didn't know that about the process, TIL. So am I reading you right that they're effectively locked into reschedule to 3 no matter what now due to the HHS recommendation? Or do they still have the option to just not change a thing as well?
Yeah my understanding is that since HHS said "the science suggests it should be in 3," the DEA would have a bit of a challenge making any other rule. The schedules (theoretically) tell you what the addiction risk and medical value of a substance is, with lower risk & more effective medicine being the least restricted. So since HHS made that determination and the DEA are not scientists, it would be kind of wild for them to try to argue with that.
I think technically they could propose anything they like, but 2 would never go through because there's no basis for it, and I think even keeping it in 1 would be a difficult sell with Biden having called for the review and the recommendation being what it was. Plus as you said most public comments (and experts) said they didn't go far enough.
Honestly I think they're stuck. They probably can't just come out and recommend descheduling (and going by public statements probably don't want to) but the current position is untenable. So they have to just sign up for the "better but nobody is especially happy" option HHS gave them
One thing I wish I understood more was whether Harris could just legalize through an executive order. Biden (and now Harris) said nobody should go to jail for weed but schedule III does not solve that problem at all.
The classification problem will lead to the DEA gaining control of all the dispensaries in every state.
Maybe I'm being alarmist, but rescheduling Marijuana is worse than leaving things alone. Oversight by the DEA is the wrong way to go.
Yeah I wouldn't say alarmist but this is likely a non issue. Under the current system, every legal state is breaking federal law in a bunch of ways, but the DEA and other agencies have not acted. Technically putting it in schedule III would mean it could be treated like other substances in that schedule, available only with FDA oversight, but that is not likely. Basically everything has been totally hands off so far, so it's very unlikely that the government reducing the level of control of cannabis would lead to agencies increasing their control.
The biggest threat at the moment imo is a Trump presidency, but based on his comments about Florida's ballot initiative, his "change with the wind" opinion is currently also in favor of not sending people to jail for it.