April 21, 2024 Article

Re/Descheduling Marijuana Through Administrative Action

Oklahoma Law Review

In the article "Re/Descheduling Marijuana Through Administrative Action" published in the Oklahoma Law Review, authors Scott Bloomberg, Alexandra Harriman, and Shane Pennington explore the complex legal framework surrounding the federal scheduling of marijuana under the Controlled Substances Act (CSA). They focus on President Biden's 2022 directive for reviewing marijuana's scheduling, highlighting the nature of this initiative amidst long-standing federal prohibition and the patchwork of state-level legalization efforts. The article examines both statutory and administrative law to assess the scope of presidential power in potentially rescheduling or de-scheduling marijuana. According to the authors, the CSA has broader administrative avenues for rescheduling marijuana than previously acknowledged in academic literature, identifying several possible pathways for shifting marijuana to a less restrictive schedule.

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