Alabama Department of Public Health weighs marijuana rescheduling after federal shift

(Roberto Valdivia/Unsplash, YHN)

Alabama health officials are weighing marijuana rescheduling after temporarily blocking the state from automatically adopting a new federal classification for medical cannabis products.

The State Committee of Public Health held a public hearing Wednesday to receive input on whether Alabama should follow the federal government in moving certain medical marijuana products from Schedule I to Schedule III.

The Drug Enforcement Administration’s new rule took effect April 28. It placed FDA-approved products containing marijuana, along with medical marijuana products regulated through state licensing systems, into Schedule III of the federal Controlled Substances Act.

Schedule I substances are classified as having no currently accepted medical use and a high potential for abuse. Schedule III substances are recognized as having medical uses and a lower potential for physical and psychological dependence.

The federal change did not automatically settle the issue in Alabama.

Under state law, Alabama generally adopts a federal scheduling change after 30 days unless the State Committee of Public Health files an objection and holds a hearing.

The committee objected May 21, temporarily preventing the federal change from taking effect under Alabama’s Controlled Substances Act while officials examined its potential consequences.

In its formal objection, the committee noted that Alabama recently established its own medical cannabis system outside the jurisdiction of the Department of Public Health and the state Controlled Substances Act.

Officials said additional time was needed to determine whether the federal rescheduling would alter the framework created by the Legislature. The committee also sought input from state agencies, stakeholders and members of the public before making a final decision.

The proceeding does not concern legalizing recreational marijuana. It centers on how qualifying medical marijuana products should be classified under Alabama law and how that designation would interact with the state’s existing medical cannabis program.

Alabama legalized medical cannabis in 2021, although licensing disputes delayed the program’s launch for several years. The state’s first licensed dispensary opened in Montgomery on June 4, and additional locations are expected to open during the summer.

Written public comments will be accepted through August 5. The committee is expected to decide after that deadline whether to maintain its objection or adopt the federal Schedule III classification.

Sawyer Knowles is a state and political reporter for Yellowhammer News. You may contact him at [email protected].