HHS recommends to DEA that cannabis be rescheduled

[jct74]

Top Federal Health Agency Says Marijuana Should Be Moved To Schedule III In Historic Recommendation To DEA

By Kyle Jaeger
August 30, 2023

The U.S. Department of Health and Human Services (HHS) is officially recommending that marijuana be moved from Schedule I to Schedule III under federal law—a historic development that means the top health agency no longer considers cannabis to be a drug with high abuse potential and no medical value.

After completing a scientific review into cannabis under a directive from President Joe Biden last year, HHS is now telling the Drug Enforcement Administration (DEA) that it believes marijuana should be placed in Schedule III of the Controlled Substances Act (CSA). The recommendation is not binding, and DEA has the final say, but the scientific analysis combined with growing political support for cannabis reform may well influence DEA to make the change.

As a Schedule III drug, cannabis would still remain federally prohibited. However, the rescheduling would have major implications for researchers who’ve long criticized the Schedule I classification that creates significant barriers to access for studies.

“Following the data and science, HHS has expeditiously responded to President Biden’s directive to HHS Secretary Becerra and provided its scheduling recommendation for marijuana to the DEA on August 29, 2023,” an HHS spokesperson said in a statement to Marijuana Moment on Wednesday. “This administrative process was completed in less than 11 months, reflecting this department’s collaboration and leadership to ensure that a comprehensive scientific evaluation be completed and shared expeditiously.”

Moving cannabis to Schedule III would also unlock marijuana industry tax opportunities that are currently unavailable.

“We can confirm DEA received a letter from the Department of Health and Human Services providing its findings and recommendation on marijuana scheduling, pursuant to President Biden’s request for a review,” a DEA spokesperson told Marijuana Moment on Wednesday. “As part of this process, HHS conducted a scientific and medical evaluation for consideration by DEA. DEA has the final authority to schedule or reschedule a drug under the Controlled Substances Act. DEA will now initiate its review.”

The Food and Drug Administration (FDA) under HHS led the scientific review that led to the Schedule III recommendation.

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[Dr.3D]

Makes me wonder how it ever got declared as Schedule I.

Did congress do that or just some government agency?

[jct74]

Makes me wonder how it ever got declared as Schedule I.

Did congress do that or just some government agency?

It was done by Congress when the Controlled Substances Act was enacted in 1970. It was done only as a temporary measure though pending the results of a report released in 1972 (Shafer Commission report) that studied the effects of cannabis. The report never specifically addressed the scheduling of cannabis but it did basically say that the harmful effects were exaggerated and that cannabis should be decriminalized. Congress or the DEA never bothered to change the temporary classification in line with these findings though.

[Dr.3D]

It was done by Congress when the Controlled Substances Act was enacted in 1970. It was done only as a temporary measure though pending the results of a report released in 1972 (Shafer Commission report) that studied the effects of cannabis. The report never specifically addressed the scheduling of cannabis but it did basically say that the harmful effects were exaggerated and that cannabis should be decriminalized. Congress or the DEA never bothered to change the temporary classification in line with these findings though.

Thank you.