The Department of Health and Human Services has sent the Drug Enforcement Administration its findings about marijuana as part of efforts by the Biden Administration to possibly change marijuana’s status within the U.S.
In October 2022 President Biden requested to have the HHS Secretary, and Attorney General review the current federal laws regarding marijuana. Marijuana has been classified as Schedule I controlled substance, which means that the DEA believes it is a drug with “no currently accepted medical uses and a high risk of abuse”.
HHS confirmed on Tuesday that it has sent its findings to DEA in the coming week.
A spokesperson for HHS said that “following the data and science,” HHS responded quickly to President Biden’s directive to HHS Sec. Becerra, and gave its recommendation to schedule marijuana with the DEA by August 29, 2023.
The spokesperson didn’t specify the exact recommendation of the department. According to a HHS letter obtained by Bloomberg the agency recommended that marijuana be reclassified as Schedule III, a drug with “moderate or low potential for physical or psychological dependence”.
The DEA has five schedules into which it categorizes drug substances. Schedule III includes products containing up to 90mg of codeine in each dose, anabolic steroid and ketamine.
At present, 23 states plus Washington D.C. regulate the non-medical usage of marijuana by adults. Other states have medical marijuana programs, but federal law prohibits possession of any amount.
A DEA spokesperson confirmed to The Hill that the Department of Health and Human Services had sent a letter outlining its findings and recommendations on marijuana scheduling in response to President Biden’s request for a thorough review.
HHS performed a medical and scientific evaluation as part of the process for consideration by DEA. The final authority for DEA to schedule or reschedule a substance under the Controlled Substances Act is the DEA. DEA will begin its review.
Karine Jean-Pierre, White House Press Secretary, declined to comment when asked on Wednesday about the possibility of rescheduling cannabis. She noted that the process is “independent”, and led by HHS & Justice Department.
Jean-Pierre stated that “[Biden] is asking HHS and DOJ take a look, to perform an initial administrative type of process or review” if you like. It’s an independent process. The evidence will be used. Evidence will guide the process, so I’ll leave that to HHS and DOJ.
