CNN
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A senior U.S. Department of Health and Human Services official in a letter to the Drug Enforcement Agency called for easing restrictions by reclassifying marijuana as a Schedule III substance, and the DEA has begun reviewing the drug.
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A person familiar with the letter, written by the Department of Health’s Undersecretary of Health Gen. Rachel Levine to DEA Director Ann Milgram, told CNN Wednesday that the recommendations contained in the letter would be reclassified as a Schedule III substance. I admit there is. Marijuana is now classified as a Schedule I Controlled Substance, which is the most dangerous substance, including heroin and LSD.
Last year, President Biden asked Health Department Director Xavier Becerra and the Attorney General to begin an administrative process to review how marijuana use is anticipated under federal law. A letter containing HHS recommendations is one step in that overall process.
“Based on data and science, HHS responded swiftly to President Biden’s directive to HHS Secretary Becerra and submitted recommendations for marijuana schedules to the DEA on August 29, 2023. It was completed in less than 11 months, reflecting the collaboration of “the need to strengthen leadership to ensure that comprehensive scientific assessments are completed and shared quickly,” an HHS spokesperson said Wednesday via e-mail. said in an emailed statement.Secretary of Health Xavier Becerra posted a similar comment X, formerly known as Twitter.
Next, the DEA will have the final authority to change the marijuana schedule, which will go through a rulemaking process that includes a period for the public to provide comment before scheduling actions are finalized.
Separately, a DEA spokesperson confirmed to CNN in an emailed statement that the DEA has received HHS’ letter and is beginning a review.
“Following President Biden’s request for review, we can confirm that the DEA has received a letter from the Department of Health and Human Services containing its findings and recommendations regarding the marijuana schedule. A scientific and medical evaluation was performed on the patient,” the statement said. “The DEA has the final authority to schedule or reschedule drugs under the Controlled Substances Act. The DEA will begin its review now.”
Rescheduled cannabis opens more avenues for research, allows cannabis businesses to bank more freely and openly, and prohibits companies from deducting or deducting income from Schedule I and cannabis sales. You may no longer have to follow 40-year-old tax laws. II substance.
“This is a positive development. I’m not sure it’s the right answer,” said Rachel Gillette, a Colorado-based attorney and partner at Holland & Hart, who has covered cannabis law since 2010. . Will federal regulation interact with or interfere with what states have already developed? ”
The industry and some members of Congress are calling for cannabis to be “descheduled” rather than being rescheduled and federally kept illegal.
23 states are Legalize recreational cannabis for adultsdata shows that 38 states allow medical use of cannabis products. National State Legislative Assembly. Since the first adult cannabis sale in Colorado in 2014, cannabis has grown into a multi-billion dollar industry, attracting the attention of multinational corporations across sectors such as alcohol, agriculture, pharmaceuticals and tobacco. there is
Recently, however, the industry is in decline due to factors such as overproduction, falling prices, taxes and competition from illegal markets.
“If cannabis can actually be legalized federally, it would be a game-changer for an entire multi-billion dollar industry currently struggling to survive and thrive,” said Gillette.
The recommendation to reschedule marijuana to Schedule III, though not outright rescheduling, was made by Howard, an Arnold & Porter partner and former FDA Deputy Commissioner for Global Regulatory Affairs and Policy. It wasn’t a surprise to Mr. Scrumberg.
“The postponement of the schedule means that HHS and FDA will determine that there is no potential for abuse. This is a huge step for HHS and FDA, and will also have implications for the general controlled substance program. ‘” said Scramberberg on Wednesday.
“So, in terms of choosing Schedule III, that’s not surprising either. Schedule III is not that big of a leap for the agency under current law, and I think it’s pretty supportable under current law and regulation. “Schedule III also includes tax implications that are beneficial to industry. It’s clearly not part of the FDA’s mandate, but that’s the reality.”
Andrew Friedman, Forbes-Tate partner and executive director of the Cannabis Coalition, said moving cannabis to Schedule III is unlikely to have a direct impact on the vast majority of the public. said. Policy, Education, Regulation.
“This will not have an immediate or very significant impact on how people use cannabis in the United States today,” Friedman said.
“There is a federal perception that cannabis has been treated in a less meaningful way, especially when compared to many other substances,” he said. “But this particular mechanism of changing policy doesn’t really affect how people actually use cannabis.”
Postponing the cannabis schedule entirely would eventually lead to federal legalization, but that would require more than HHS recommendations, Friedman said.
“If HHS postponed its schedule right now, there would be no regulatory system for it. There would be no rules on the road, including rules on how legal cannabis is taxed, packaged, labeled, advertised and sold. said Friedman.
“All this could not have happened without Congressional action,” he said. “Today, it would actually require a legislative action to affect a state-regulated market.”
