The Department of Health and Human Services (HHS) has submitted its findings on marijuana to the Drug Enforcement Administration (DEA) as part of the Biden administration’s efforts to potentially change marijuana’s legal status in the United States.
In October 2022, President Biden requested that the HHS secretary and the attorney general review the current federal law regarding marijuana’s classification. Currently, marijuana is considered a Schedule I controlled substance, which means the DEA views it as a drug “with no currently accepted medical use and a high potential for abuse.”
On Tuesday, HHS confirmed that it has sent its findings to the DEA this week.
An HHS spokesperson stated, “By following the data and scientific evidence, HHS has promptly responded to President Biden’s directive and has provided its recommendation on marijuana scheduling to the DEA on August 29, 2023.” However, the spokesperson did not disclose the exact recommendation. According to a letter from HHS obtained by Bloomberg, the agency recommended reclassifying marijuana as a Schedule III drug, which signifies it has “moderate to low potential for physical and psychological dependence.”
The DEA classifies drugs into five schedules, and Schedule III includes substances such as products with up to 90 mg of codeine per dose, anabolic steroids, and ketamine.
Currently, 23 states and Washington, D.C. have implemented laws that regulate the nonmedical use of marijuana for adults. Additionally, several other states have medical marijuana programs, but federal law still prohibits the possession of any amount of marijuana.
A DEA spokesperson confirmed that the agency received HHS’s letter containing its findings and recommendation regarding marijuana scheduling. The DEA now holds the authority to schedule or reschedule drugs under the Controlled Substances Act and will begin its review process.
During a press briefing, White House press secretary Karine Jean-Pierre declined to comment on the rescheduling process for marijuana. She noted that the process is independent and led by HHS and the Department of Justice (DOJ), emphasizing that it will be evidence-based. The HHS and DOJ will spearhead the review process.
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