Tom Howard reviews the DEA’s post-hearing brief in the federal marijuana rescheduling case, arguing that “marijuana can no longer remain in Schedule I” because it no longer meets two of the three statutory requirements under 21 U.S.C. § 812 and should be moved to Schedule III. He highlights proposed government findings that most marijuana use does not endanger users or communities, that public health risks are lower than comparators like heroin, codeine, and oxycodone, and that HHS found sufficient scientific support for currently accepted medical use for chronic pain, anorexia associated with a medical condition, and chemotherapy-related nausea and vomiting—only one condition being necessary to leave Schedule I. He discusses OLC’s conclusion that DEA’s prior CAMU test was impermissibly narrow, explains deference to HHS, notes DOJ’s unusual split scheduling of certain state-licensed/FDA-related products, and outlines next steps: the ALJ’s recommended decision followed by the DEA Administrator’s final order and Federal Register publication, with Howard predicting political pressure to finish before the midterms. Subscribe for weekly historical breakdowns, and comment below with which major event you want me to cover next.
00:00 Yorktown Upside Down 00:33 DEA Brief Bombshell 01:48 Schedule One Basics 03:09 Risk Evidence Shift 04:41 Medical Use Concedes 06:51 OLC Narrows DEA Test 08:17 Weird Split Scheduling 10:38 Closing Argument Quote 11:35 What Happens Next 11:51 Timeline And Midterms 12:19 Federal Register Rule 13:08 Wrap Up And Call
