Agent Guidancelow
DEA Updates Electronic Form 222 Requirements for Schedule I Transfers Following Rescheduling Proposals
DEA Diversion Control issues field guidance to registrants on using CSOS for any Schedule I cannabis transfers authorized in the context of rescheduling research.
Announced: September 5, 2024
DEA Office: DEA Diversion Control Division
Schedule IMarijuana
Summary
The Drug Enforcement Administration's Diversion Control Division issued updated field guidance in September 2024 on the use of the Controlled Substances Ordering System (CSOS) for Schedule I substance transfers in the context of expanded research authorization under the Consolidated Appropriations Act and anticipatory guidance related to the proposed marijuana rescheduling NPRM.
DEA Form 222 (or its electronic equivalent, CSOS order) is required for all Schedule I and Schedule II controlled substance transfers between DEA registrants. The guidance addresses specific procedural questions arising from the expansion of marijuana research programs authorized by the Marijuana Opportunity, Reinvestment, and Expungement (MORE) Act research provisions and from DEA's registration of additional marijuana manufacturers for research purposes in 2023.
The guidance clarifies that: (1) all inter-registrant marijuana transfers must be documented via CSOS regardless of transfer volume; (2) the "emergency dispensing" exception in 21 C.F.R. § 1305.11 does not apply to Schedule I substances; and (3) cannabis samples transferred for testing purposes by licensed laboratories require CSOS documentation and proper manifest tracking.
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What Operators Should Do Now
For DEA-registered research institutions, labs, and manufacturers:
1. Confirm your CSOS enrollment is current and your Power of Attorney designations are up to date. CSOS orders must be executed by an individual with a valid DEA Power of Attorney on file.
2. Review all inter-registrant cannabis transfer logs for the past 12 months. Any transfers not documented via CSOS should be disclosed to DEA Diversion Control proactively — voluntary disclosure is treated significantly more favorably than discovered violations.
3. For testing laboratories: implement written protocols requiring CSOS documentation for all cannabis sample transfers received from research registrants. The "sample" exemption does not apply to Schedule I substances.
4. Begin CSOS transition planning now in anticipation of potential Schedule III rescheduling, which would require different documentation systems.