Abraham Jewett  |  September 7, 2023

Category: Legal News
Close up of Marijuana cannabis leaves, representing the potential marijuana Schedule 1 change.
(Photo Credit: Yarygin/Shutterstock)

Marijuana Schedule I status overview: 

  • Who: The U.S. Department of Health and Human Services has recommended the Drug Enforcement Agency potentially reassign marijuana from a Schedule I to a Schedule III substance. 
  • Why: Health officials made the recommendation after conducting an analysis on the science behind the potential risk and benefits associated with marijuana. 
  • Where: Nationwide. 

U.S. health officials have reportedly recommended that marijuana be changed from a Schedule I substance to the less restrictive Schedule III under federal drug policy. 

The U.S. Department of Health and Human Services (HHS) made its recommendation in a letter sent late last month to the Drug Enforcement Administration (DEA), which will decide whether to change marijuana’s status. 

In its letter, the HHS reportedly said it conducted an analysis on the science behind marijuana, including the potential risks and benefits of the drug, Law360 reports. 

While neither the HHS nor DEA confirmed the details of the letter, Bloomberg News reports that the health officials had endorsed moving marijuana from Schedule I classification to a Schedule III. 

Under the Controlled Substances Act (CSA), a Schedule I classification is on the most restrictive tier, while a Schedule III reassignment would provide a reprieve to cannabis operators by letting them take ordinary business deductions, according to Law360. 

The decision to recommend reassigning marijuana as a Schedule III substance comes around 11 months after President Joe Biden reportedly ordered federal officials to look into the drug’s Schedule I designation. 

Marijuana has been classified as a Schedule I substance for more than 50 years

Under a Schedule I designation — which marijuana has been classified as for more than 50 years — a substance is deemed to have no medical value and come with a high potential for abuse, Law360 reports.  

Despite this, marijuana has reportedly already been legalized for non-medical use in adults in 23 states and the District of Columbia, in addition to 15 states where it is legal for medical use. 

In response to the letter, the National Cannabis Industry Association (NCIA) said that, while there would be some benefit to the move, it would be better to remove cannabis from the CSA entirely and to simply regulate the product, similar to alcohol. 

“Moving cannabis to schedule III could have some limited benefit but does nothing to align federal law with the 38 U.S. states which have already effectively regulated cannabis for medical or adult use,” Aaron Smith, CEO of the NCIA, said in a statement

In another cannabis-related case, the medical and recreational marijuana dispensary Curaleaf agreed to pay $100,000 earlier this year to end claims it sold drops that were advertised as only containing CBD, but were alleged to also have THC

Do you agree with the recommendation to make marijuana a Schedule III substance? Let us know in the comments.


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One thought on U.S. health officials recommend changing marijuana’s Schedule I status

  1. Jennifer Fling says:

    Marijuana propaganda was used by big Pharma only because it has medicinal properties Big Pharma wants us to stay sick as well as the federal government needs to stay out of the American people private lives, stop passing laws that violates our constitutional and civil rights also Marijuana is a Cash Crop

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