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Federal Law <br /> <br />Federal Law <br />Marijuana remains a Schedule I controlled substance under the federal Controlled Substances <br />Act (CSA). Schedule I substances are those for which the federal government has made the <br />following findings: <br />The drug or other substance has a high potential for abuse; <br />The drug or other substance has no currently accepted medical use in treatment in the <br />United States; and <br />There is a lack of accepted safety for use of the drug or other substance under medical <br />supervision. <br />Recently, the federal government has started reexamining the status of marijuana. In December <br />2014, Congress directed the Department of Justice not to use any of its funding to prevent states <br />like Oregon from implementing their medical marijuana laws. The effect of that appropriations <br />bill is currently beinglitigated in federal court. <br />In addition, under the federal CSA, the attorney general may, by rule, transfer a drug between <br />schedules or remove a drug from the schedules if certain requirements are met. The United <br />States Drug Enforcement Agency (DEA) has indicated that it currently is reviewing marijuana’s <br />status as a Schedule I controlled substance and expects to release a final determination in the first <br />half of 2016. The DEA has not, however, given any indication of whether it will reclassify or <br />remove marijuana from the schedules. Should the DEA reclassify or remove marijuana from <br />Schedule I, the League will update its members to address the implications of any <br />reclassification. <br />Oregon’s laws on medical and recreational marijuana do not, and cannot, provide immunity from <br />federal prosecution. Consequently, state law does not protect marijuana plants from being seized <br />or people from being prosecuted if the federal government chooses to take action under the CSA <br />against those using marijuana in compliance with state law. Similarly, cities cannot provide <br />immunity from federal prosecution. <br /> <br />Local Government Regulation of Marijuana in Oregon League of Oregon Cities | 5 <br /> <br />May 2016 (Third Edition) <br /> <br />