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Update on the Biden Administration efforts to reclassify marijuana from a Schedule I drug to a Schedule III substance

By Kristin McCall
August 9, 2024
  • Kentucky Cannabis Law
  • Legislative Update
  • Licensing & Regulatory
  • Local Government
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On Wednesday July 17, 2024, Kentucky Governor Andy Beshear sent a letter to the U.S. Drug Enforcement Administration (“DEA”) endorsing the Biden Administration’s efforts to reclassify marijuana from a Schedule I drug to a Schedule III substance.  On May 16, 2024, the Justice Department formally moved to reclassify marijuana substance following a recommendation in August 2023 from the federal Health and Human Services Department (“HHS”) to do so. Governor Beshear wrote to express his support for HHS’ recommendation, noting that it is his job as Governor of the Commonwealth “to move our state forward,” and “rescheduling marijuana to Schedule III is a significant, common-sense step forward for all Kentuckians, especially those with serious medical conditions.”  Governor Beshear stated that “the jury is no longer out” on marijuana’s medical uses an alternative to opioids, which have ravaged the Commonwealth with overdose deaths over the last several decades.  Governor Beshear continued by explaining that Kentucky’s “sister states have shown that medical marijuana programs are safe,” and we in the Commonwealth “look forward to seeing how safe medical marijuana products will reduce the suffering and improve the lives of tens of thousands of Kentuckians when our Program launches in 2025.” 

The comment period on the DEA’s proposed rule rescheduling marijuana to a Schedule III drug closes on July 22, 2024, after which the proposed rule might be reviewed by an administrative judge, so we do not know when rescheduling might occur.

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Kristin McCall

About Kristin McCall

Kristin McCall is a member of the Commercial Litigation practice, where she represents clients in state and federal courts in a variety of litigation matters, including business torts, breach-of-contract claims, cannabis, products liability, employment-related claims and discrimination claims. Kristin collaborates with in-house counsel to coordinate and develop litigation strategies.

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