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14 Ohio St. J. Crim. L. 207 (2016-2017)
Marijuana Rescheduling: A Partial Prescription for Policy Change

handle is hein.journals/osjcl14 and id is 213 raw text is: 





                    Marijuana Rescheduling:
         A   Partial Prescription for Policy Change


                    Grace   Wallack*   &  John   Hudak**

         As mariyuana  policy reform in the US.  has evolved over the past
     twenty years, one proposal keeps gaining attention: drug rescheduling.'
     State officials, members of Congress,  the media,  scholars, and  the
     advocacy community  have-to  varying degrees-held  up rescheduling as
     a solution to some of the challenges current federal law  imposes on
     marijuana policy. Despite the near-celebrity status of rescheduling as a
     reform, it is among the most misunderstood proposals-both  in terms of
     the process and its consequences.
         This  article seeks to clarify this conversation.  Section I will
     describe precisely how  rescheduling  works, through  legislative and
     administrative processes. The section will go on to detail the history of
     marijuana  rescheduling  in the  US.,  including formal  rescheduling
     petitions filed with the US. and some of the legislative proposals to do
     the same.  Section II will detail both the consequences and  limits of
     marijuana  rescheduling.  Section III will describe some  alternative,
     additional proposals  that could have  more   meaningful  impacts  on
     marijuana policy. Section IV will briefly conclude.

                        I. How  RESCHEDULING   WORKS

     The Controlled  Substances Act  [CSA]  designates different schedules for
substances the federal government  seeks to regulate.  The  federal government
designates a  schedule for each  substance based  on  its medical value, abuse
potential, and safety. The highest level of control-Schedule I-is  reserved for
substances the government  determines have  a high potential for abuse . . . no




     *  Grace Wallack is a former Senior Research Assistant at the Brookings Institution and
current student at Harvard Law School.
       John Hudak, Ph.D., is a senior fellow and deputy director at the Center for Effective Public
Management at the Brookings Institution.
     I  This article is based on a longer report we authored in October 2015 titled Ending the U.S.
government's war on medical marijuana research. See JOHN HUDAK & GRACE WALLACK, CTR. FOR
EFFECTIVE PUB. MGMT. AT BROOKINGS INST., ENDING THE U.S. GOVERNMENT'S WAR ON MEDICAL
MARIJUANA RESEARCH (2015), https://www.brookings.edu/wp-content/uploads/2016/06/Ending-the-
US-governments-war-on-medical-marijuana-research.pdf.


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