Paths to Descheduling

Administrative Paths

Petition the DEA

Individuals or organizations can file formal petitions under the CSA to deschedule cannabis.

Example: Jon Gettman petitions (1995 & 2002).

Executive Action

The President can direct federal agencies to reconsider cannabis’ classification.

The Attorney General can initiate administrative descheduling via regulation.

Example: President Biden’s 2022 directive for scheduling review.

Scientific Reevaluation

FDA-led review using modern research to assess safety, efficacy, and medical use.

Potential: Independent scientific evaluations to inform policy.

Legislative Paths

Congressional Legislation

Laws like the MORE Act can remove cannabis from the CSA entirely.

Focus on systemic reform addressing criminal justice and public health.

Judicial Paths

Legal Challenges

File lawsuits arguing that cannabis’ CSA status is unconstitutional or lacks scientific basis.

Example: Washington v. Barr (2020).

International Treaty Reevaluation

Treaty Amendments

Advocate for changes to the Single Convention on Narcotic Drugs (1961).

Withdrawal or Reservation

U.S. can withdraw from treaties or reinterpret obligations (e.g., Canada’s approach).

State and Local Actions

State-Level Nullification

States legalize cannabis, creating pressure on federal enforcement.

Interstate Compacts

States collaborate to regulate cannabis outside federal restrictions.

Citizen Advocacy

Mass Petitions - Public-driven campaigns demanding descheduling through the DEA or FDA.

Grassroots Advocacy

Organized protests, lobbying, and public awareness campaigns.

Interagency Collaboration

Joint Agency Action- DEA, HHS, FDA, and NIDA work together to align cannabis policy with science and public health priorities.

Indirect Methods

Pardons and Decriminalization - Expanding pardons and reducing enforcement undermines the need for federal criminalization.

A combination of these pathways increases the chances of success in achieving descheduling and systemic change. Advocacy efforts must align with legal, scientific, and public health priorities to create momentum for reform.