The Law, Policy, and Politics of Rescheduling Cannabis

The legal status of cannabis has been a controversial issue ever since the Controlled Substances Act of 1970 (CSA) prohibited its distribution under federal law. That act classified cannabis as a Schedule I drug, a category for drugs that have no legitimate medical use and cannot be used safely even under medical supervision. Schedules II-V are for drugs that have a legitimate medical use and pose a decreasing risk of harm. Congress placed cannabis in Schedule I but authorized the attorney general, in consultation with the Secretary of (what is now) Health and Human Services, to reschedule it. Recently, Attorney General Merrick Garland announced that the Biden Administration has decided to recategorize cannabis and place it into Schedule III. That announcement raises numerous legal, policy, and political issues. Our panelists—Harvard Medical School Professor Bertha Madras and Ohio State Law School Professor Douglas Berman—will discuss them.

Featuring:

  • Prof. Douglas Berman, Newton D. Baker-Baker & Hostetler Chair in Law, Moritz College of Law, The Ohio State University
  • Dr. Bertha K. Madras, Professor of Psychobiology, Department of Psychiatry, Harvard Medical School
  • (Moderator) Paul James Larkin, Jr., Senior Legal Research Fellow, the Center for Legal and Judicial Studies, The Heritage Foundation

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As always, the Federalist Society takes no position on particular legal or public policy issues; all expressions of opinion are those of the speaker.