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?
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.
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?
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.