How likely is it that the DEA will refuse to reschedule marijuana?
ATACH believes It is unlikely that the DEA will refuse to follow HHS’s recommendations. First of all, the DEA generally defers to the FDA in the rescheduling process. Also, the DEA has not aggressively enforced marijuana laws since passage of the Rohrabacher-Farr Amendment in 2015. Finally, the DEA is part of the same Administration that initiated the review. It seems unlikely the agency would refuse to accept the recommendation.