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"Marihuana" is a Schedule I drug.

What will it take for marijuana to be reclassified into a federally legitimate (available anywhere over the counter and could be used recreationally by anyone over 18) drug?

https://www.fda.gov/news-events/public-health-focus/fda-and-cannabis-research-and-drug-approval-process

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  • It seems to me that you may be asking what legal, legislative, or regulatory process would be necessary to legalize marijuana for general consumption. If that's the case, you should update your question to make that more clear.
    – Michael
    yesterday

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The controlling federal (US) law is:

21 U.S. Code § 812 - Schedules of controlled substances

21 US Code 812

and "Marijuana" is specifically listed among Schedule 1 substances.

Just as with any other federal law, for this to be changed, Congress would need to amend or repeal this statute so that Marijuana no longer appears in the list and the act would then need to be signed into law by the President, allowed to take effect without signature, or vetoed and overridden by Congress.

I suppose another possibility would be for a federal court to rule that 21 U.S. Code § 812 (or Marijuana's inclusion in the list) is unconstitutional.

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  • So if in 21 U.S.C. § 812(c)(C)(10), Marihuana was rescheduled, what effect would this have on the statute?
    – user46066
    Jul 29 at 18:58
  • That depends on how the new statute reads. Right now there is nothing even pending that I am aware of.
    – jwh20
    Jul 29 at 23:59

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