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.

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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