Legal Opinion
Questions Related to the Potential Rescheduling of Marijuana
Department of Justice Office of Legal Counsel
Decided April 11, 2024Published
1Opinion of the Court
(Slip Opinion) Questions Related to the Potential Rescheduling of Marijuana The approach that the Drug Enforcement Administration currently uses to determine whether a drug has a “currently accepted medical use in treatment in the United States” under the Controlled Substances Act is impermissibly narrow. An alternative, two-part inquiry proposed by the Department of Health and Human Services is suffi- cient to establish that a drug has a “currently accepted medical use” even if the drug would not satisfy DEA’s current approach. Under 21 U.S.C. § 811(b), a recommendation by HHS that a drug…
2Cases cited18 opinions
- Universal Camera Corp. v. National Labor Relations BoardSupreme Court of the United States · 1951
- Food & Drug Administration v. Brown & Williamson Tobacco Corp.Supreme Court of the United States · 2000
- Reno v. American-Arab Anti-Discrimination CommitteeSupreme Court of the United States · 1999
- MacKey v. MontrymSupreme Court of the United States · 1979
- Gonzales v. OregonSupreme Court of the United States · 2006
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