In a historic move, a group of senators led by Elizabeth Warren and John Fetterman, with the support of Majority Leader Chuck Schumer, has issued a compelling letter urgently urging the DEA to remove marijuana from the Controlled Substances Act (CSA).

This significant milestone highlights the growing difference between federal policies and evolving state laws, necessitating prompt action from the DEA.

President Biden’s October 2022 directive to the Department of Health and Human Services (HHS) and the Department of Justice (DOJ) marked a significant step towards addressing the complex issue of marijuana scheduling.

This directive sought to expedite a thorough review of the current classification of marijuana under the Controlled Substances Act (CSA).

Despite a growing body of evidence supporting the medicinal benefits of marijuana, it continues to be categorized under Schedule I of the CSA, placing it alongside substances like heroin.

Schedule I classification implies that the substance is considered to have a high potential for abuse, no accepted medical use, and a lack of accepted safety for use under medical supervision

Post-2016 Developments

Since the DEA’s last assessment in 2016, substantial changes in state marijuana regulations have occurred. A 2023 Freedom of Information Act request revealed the HHS’s advocacy for rescheduling marijuana to Schedule III, recognizing its medical benefits and reduced potential for abuse.

The HHS’s response to the FOIA request revealed a clear advocacy for the rescheduling of marijuana to Schedule III.

HHS has now concluded that cannabis does not meet the requirements for a Schedule I drug and has identified “credible scientific support for the medical use of marijuana” for at least some medical indications.

The DEA is bound by HHS’s recommendations as to “scientific and medical matters,” including HHS’s expert medical judgment that marijuana “has a currently accepted medical use in treatment in the United States.”

Moreover, experts today generally agree that marijuana has currently accepted medical uses for several indications. Numerous studies have identified such medical uses, including to manage pain, spasms, and nausea in patients undergoing chemotherapy, and to stimulate appetite in patients with weight loss from AIDS. Studies have also found that marijuana access has second-order public health benefits by reducing the rates of opioid use and opioid deaths.

This proposed reclassification recognizes not only the medicinal benefits associated with marijuana but also underscores a reduced potential for abuse compared to its current Schedule I status.

Schedule III substances are considered to have a moderate to low potential for abuse and accepted medical uses, allowing for more regulated and controlled access.

While the HHS’s recommendation for rescheduling acknowledges positive aspects, the urgency for outright de-scheduling is emphasized.

This emphasis stems from a recognition of the severe and disproportionate criminal penalties that communities of color continue to face under the existing legal framework.

Evolving Landscape

The marijuana landscape has transformed significantly since 2016, with 24 states legalizing recreational use and 38 permitting medical use.

The letter builds a compelling case for descheduling marijuana, emphasizing that while rescheduling to Schedule III has benefits, it falls short of addressing root issues.

“The DEA has never kept a drug in Schedule I after HHS recommended removing it and it must not do so now. It is imperative that the DEA remove marijuana from Schedule I as several members of Congress and state attorneys general have urged.”

The senators have requested a reply by February 12th to provide information on the present status and anticipated timeline of this ongoing issue.