Health Law Daily Wrap Up, PHARMACEUTICAL NEWS—DOJ proposes to reclassify marijuana as schedule III, (May 20, 2024)
Organizations Mentioned:Office of Legal Counsel
By Sheila Lynch-Afryl, J.D., M.A.
President Joe Biden said, “Far too many lives have been upended because of our failed approach to marijuana.”
The Drug Enforcement Administration (DEA) proposed to reclassify marijuana from schedule I to schedule III of the Controlled Substances Act, a move recognizing marijuana’s “currently accepted medical use.” The proposal, however, would not affect the legality of marijuana. In a video message, President Joe Biden called the move “monumental” and said, “Far too many lives have been upended because of our failed approach to marijuana.” Comments on the proposed rule are due July 22.
Since 1970 marijuana has been classified under the Controlled Substances Act as schedule I, a designation for substances that have a high potential for abuse, no currently accepted medical use in the U.S., and a lack of accepted safety for use under medical supervision. Heroin and LSD are examples of schedule I drugs, while ketamine and anabolic steroids are types of schedule III drugs.
In October 2022 Biden announced a pardon of all prior federal offenses of simple possession of marijuana and directed HHS and the Department of Justice (DOJ) to “initiate the administrative process to review expeditiously how marijuana is scheduled under federal law.” Accordingly, last year HHS recommended that marijuana be reclassified as schedule III, and the DOJ’s Office of Legal Counsel concluded that the DEA’s currently approach to determine whether a drug has a “currently accepted medical use in treatment” is “impermissibly narrow.”
In the proposed rule, the DEA reviewed HHS’ findings on the eight factors for scheduling drugs under 21 U.S.C. §811(c). Among HHS’ findings was that marijuana has a current medical use for the treatment of anorexia related to a medical condition, nausea and vomiting (e.g., chemotherapy-induced), and pain. The DEA also concurred with HHS’ recommendation “that marijuana has a potential for abuse less than the drugs or other substances in schedules I and II.”
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