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Unfortunately the DEA is the agency that makes the final decision. I have less faith in them to do the right thing on this than the FDA. Though the new head Biden appointed specifically called for a review of the scheduling, which could be a signal the DEA is receptive to dropping it. Schedule I for marijuana is a joke. I mean, you could make an argument caffeine is more dangerous. Even just lowering it to another level could make a big difference in the states it's legal.
ok, i just looked into this, and you're correct. my mistake.
Regarding their stance... i think this could go either way, and it's most likely to be a bit of a compromise, leaning into the FDA and HHS recommendation, as, historically, they've kid of ridden the fence on the issue, often giving a token, "we enforce the law," type of answer when questioned about their stance on the subject.