this post was submitted on 03 Jul 2024
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With the recent overturned Chevron defense by SCOTUS, I was trying to find some good. DEA’s Drug War is arguably bad (not looking for that conversation here), so does Chevron overturned make their Drug Schedules weaker by law and can be more easily challenged and overturned?

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[–] [email protected] 8 points 4 months ago (2 children)

I don’t think so, but someone with more insight may have a different opinion.

The drug schedules are law, not created by the DEA.

[–] [email protected] 7 points 4 months ago (1 children)

Could the DEA’s interpretation of the Controlled Substances Act could be overturned, leading to changes of drug scheduling back to what was originally passed by congress?

[–] [email protected] 3 points 4 months ago* (last edited 4 months ago)

I don’t think so, at least not easily. The specific law says that the list will be regularly updated, that updated list is found in the CFR. Since the law says this will be done, I do not really think it is the same situation, but I am not a legal scholar.