Comment Letter

TRENTON — Attorney General Matthew J. Platkin submitted a comment letter on Monday to the federal Drug Enforcement Administration (DEA) supporting the DEA’s proposed rule that would reschedule marijuana under the Controlled Substances Act, from Schedule I, which is reserved for highly addictive and dangerous substances like heroin, to Schedule III, in recognition of marijuana’s potential for therapeutic and medical benefits and lower risk for abuse. This is a welcome step toward a legal framework that would allow for common-sense regulation of a legal cannabis market for adults.

New Jersey has been a pioneer in cannabis regulation policy, implementing a legalized recreational cannabis regime following the voters’ approval of a ballot question on the subject in 2020. A legal and regulated cannabis market provides many policy benefits and yields more equitable outcomes for people and communities harmed by previous prohibition-based cannabis policies. New Jersey supports the expansion of such policies to the federal level.

“Focusing on responsible regulation of legal possession of cannabis for medical and adult recreational use undercuts and weakens the illicit cannabis market and many of the problems that come with it,” Attorney General Platkin wrote. “The Administration’s much-needed action will help bolster the efforts New Jersey has undertaken at the state level to ensure that individuals and communities have access to comprehensive legal protections and benefits in connection with the State-sanctioned use of cannabis. Rescheduling cannabis to Schedule III will continue the process of building an equitable framework of common-sense legal protections for all affected people and communities.”

Marijuana has been classified as a Schedule I substance since Congress enacted the Controlled Substances Act in 1970, categorizing it with substances such as heroin, LSD, and ecstasy, which have a high potential for abuse and lack accepted medical uses. Even dangerous drugs like cocaine, methamphetamine, and fentanyl are subject to more moderate restrictions under Schedule II. The DEA’s proposed rule would transfer marijuana to Schedule III, alongside drugs with medical uses and a lower potential for abuse.

The Attorney General’s letter explains how New Jersey’s cannabis legalization was a response to a call for criminal and social justice reforms to address racial disparities in the criminal justice system and the harmful consequences of dealing with cannabis primarily through criminal enforcement. The letter showcases the immediate impact of New Jersey’s legalization and decriminalization of cannabis possession by presenting related-arrest statistics.

The letter also details other benefits of New Jersey’s Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act (CREAMMA) and the work of the Cannabis Regulatory Commission (CRC), such as expanded access to various legal protections and processes arising out of decriminalization and legalization, including workplace protections for workers prescribed medical cannabis, and the State’s ability to reallocate resources to other public safety issues.

“As the chief law enforcement officer in the State of New Jersey, I am charged with ensuring public safety, promoting business accountability, and protecting individual rights,” Attorney General Platkin wrote. “I cannot emphasize enough the importance of CREAMMA and the NJ-CRC’s regulations, which have had immediate real-life impacts on the lives of New Jersey residents and brought equity and economic opportunity to our communities.”

In January 2024, Attorney General Platkin joined 11 other Attorneys General in signing a comment letter supporting cannabis rescheduling. All 12 of the States represented in the letter to the DEA have state-regulated cannabis marketplaces.

The Department of Justice and DEA announced the proposed rule that would reschedule marijuana in May 2024.

This matter was handled by Assistant Section Chief Andrew Yang and Deputy Attorney General Jonathan Mangel under the supervision of Section Chief Jessica Palmer of the Special Litigation Section within the Division of Law’s Affirmative Civil Enforcement Practice Group.

###