Scheduling and Rescheduling Controlled Substances

March 15, 2023 9:45am

Delia Ann Deschaine
Epstein Becker Green

Matthew C. Zorn
Yetter Coleman LLP

  • Reviewing the legal pathways to scheduling and rescheduling: administrative and legislative
    • Assessing the credibility and reliability of the data and evidence used in the scheduling process
      • Strategies for demonstrating a drug has little or no potential for abuse
  • Historical review of drugs that have been scheduled legislatively (e.g., gamma-hydroxybutyric acid, a date rape drug)
  • Understanding how and when public petitions for administrative scheduling occur (e.g., the 2002 rescheduling of buprenorphine)
  • An update on the challenge to DEA’s rescheduling petition denial (Right to Try) in the U.S. Court of Appeal’s 9th circuit
  • Considering international treaties in the context of rescheduling