• TWeaK@lemm.ee
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    10 months ago

    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.

    • gregorum@lemm.ee
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      10 months ago

      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.

      • TWeaK@lemm.ee
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        10 months ago

        Thanks, that’s a good overview.

        Schedule III is still too harsh, imo, though.

        • gregorum@lemm.ee
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          10 months ago

          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.

      • Ranvier@sopuli.xyz
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        10 months ago

        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.

        • gregorum@lemm.ee
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          10 months ago

          Unfortunately the DEA is the agency that makes the final decision.

          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.