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Top federal health official touts science-based drug scheduling process amid marijuana review

November 13, 2023 by Kyle Jaeger

The U.S. Department of Health and Human Services’ (HHS) head says that the Biden administration is continuing its review of marijuana scheduling. His agency has a unique position to “update science” in order to ensure drugs are classified “properly” under federal law.

During a Wednesday hearing of the Senate Appropriations Committee, Sen. Martin Heinrich asked HHS Secretary Xavier Becerra what his agency’s involvement in the “scheduling” process under the Controlled Substances Act was compared with that of the Drug Enforcement Administration. The DEA is currently evaluating HHS’s recommendations to move cannabis from Schedule II to Schedule III.

The senator did not mention marijuana explicitly in his question. However, HHS recently completed an 11-month study of the plant, following a directive by President Joe Biden in the past year. They concluded that science no longer supports the cannabis being kept in Schedule I.

DEA is ultimately responsible for making that decision. HHS’s findings are binding but DEA is still free to make its own scheduling decisions after it has completed its review.

Becerra said to the senator that it was his responsibility to provide the science behind substances, so that DEA could decide whether or not the substance is a narcotic, or a substance with a potential impact on society. “We make an effort to ensure that we keep up with the latest science.” We want to ensure that we schedule a substance or drug properly.


Watch as the Secretary discusses its role in the drug schedule review process starting at 2:20.20 in the below video:

HHS and DEA are generally in agreement on the proper way to schedule marijuana. This is why, according to a congressional report, it’s “likely”, that DEA will follow Schedule III recommendations . DEA Administrator Anne Milgram stated in July that will “look over all the research,” and “keep an “open mind” when her agency is considering scheduling action.

The stakes with marijuana are higher than other drugs that went through the review process. The DEA faces significant pressures from both sides of the argument, with former DEA administrators and hardliners in the GOP pushing for the status quo and advocates and stakeholders pressing for reform.

Becerra cited fentanyl, as an example of drug “having an effect on our country,” which makes its schedule status even more relevant.

He said: “We want them to be properly scheduled based on science.” “We want to make sure, for instance, that we are able to do the necessary research to determine when to schedule a medication.”

Heinrich and Becerra did not discuss marijuana specifically, but the secretary took an active role in promoting agency work to complete their work expeditiously and submit a recommendation for DEA as per Biden’s order.

Becerra is also known for playing into the cannabis culture when his agency updates the public on the status of the review of scheduling by sharing news about it at the symbolic 4:20 time more than once.

However, the exact content of HHS’s recommendation and its scientific findings have not been revealed. has only so far released a heavily-redacted letter notifying Milgram of the agency’s conclusion.

It’s unclear when the DEA will finish its cannabis review. A former Food and Drug Administration official (FDA), however, says he would be “shocked”, if DEA didn’t reschedule cannabis by next year’s Presidential election.

A coalition of 31 bipartisan House members sent a letter to the DEA Administrator last month, urging the agency to consider the congressional and state marijuana legalization initiatives when it conducts its review. They criticized the limitations in rescheduling marijuana and pushed for a complete removal from the CSA.

The letter is a counterbalance for other recent messages DEA received from Congress opponents of reform, former DEA and White House Drug Czars who claim that even moving cannabis to Schedule III would be too far .

Fourteen Republican members of Congress recently urged DEA “reject” top federal health agency’s recommendations to reschedule cannabis, and instead keep it under the most restrictive category in the CSA.

Recently, two GOP senators, among them the Republican lead sponsor of an marijuana banking bill, which was approved by a key committee back in September have filed legislation that would prohibit federal agencies from rescheduling Cannabis without tacit consent from Congress.

Rep. Pete Sessions, (R-TX), separately submitted an amendement for a spending measure that would prohibit the Justice Department using federal funds to reschedule marijuana .

Supporters of cannabis reform and advocates of legislation have marked the anniversary of Biden’s pardon of marijuana and his scheduling directive with a call for him to do more, including by extending the relief of his pardon, and by explicitly supporting federal legalization.


The first-ever Congressional hearing on psychedelic-assisted mental health care for veterans will be held Tuesday

The post Top Federal Health official Touts Science Based Drug Scheduling Process During Marijuana Review first appeared on Marijuana Moment.

Kyle Jaeger
Author: Kyle Jaeger

About Kyle Jaeger

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