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Congressional Researchers Say It’s ‘Likely’ Marijuana Will Be Rescheduled, But It Wouldn’t Fix Federal-State Policy Gap

It “appears likely” that the federal government will reschedule marijuana, congressional researchers say in a new report. But Congress still has the authority to address the federal-state cannabis policy gap “before or after” that reform is enacted.

Days after the Justice Department announced that it was moving forward with plans to move marijuana from Schedule I to Schedule III of the Controlled Substances Act (CSA), the Congressional Research Service (CRS) released a report outlining policy considerations for legislators.

“Given the current marijuana law and policy gap between the federal government and most states, there are a number of issues that Congress may address,” CRS said. “These topics include, but are not limited to, marijuana’s designation under the CSA, financial services for marijuana businesses, federal tax issues for these businesses, oversight of federal law enforcement and its role in enforcing federal marijuana laws, and states’ implementation of marijuana laws.”

“In addressing state-level legalization efforts, Congress could take several routes. It could take no action, in which case it appears likely DEA will move marijuana from Schedule I to Schedule III,” it said. “Congress could also enact marijuana legislation before or after DEA acts on rescheduling.”

CRS has repeatedly drawn attention to

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