HHS Petitions DEA to Reclassify Cannabis as a Schedule III Drug

On August 30, 2023, a leaked document revealed that the United States Department of Health and Human Services (HHS) plans to petition the Drug Enforcement Administration (DEA) to reclassify cannabis from a Schedule I to a Schedule III drug. Bloomberg broke the news after seeing a document sent to Anne Milgram, head of the DEA, from an official at HHS.

According to the article, a DEA spokesperson confirmed the document and is considering an independent review.

“We can confirm DEA received a letter from the Department of Health and Human Services providing its findings and recommendation on marijuana scheduling, pursuant to President Biden’s request for a review,” a DEA spokesperson told The Hill.

All controlled substances in the US are classified between Schedule I and Schedule V. Schedule I drugs have the highest potential for abuse. These drugs are not known to have any medicinal properties and are prohibited from being distributed or administered. Drugs in this category include heroin, lysergic acid diethylamide (LSD), and mescaline.

Conversely, Schedule V drugs, including pregabalin, atropine, and dextromethorphan, have the lowest potential for abuse.

Currently, cannabis is in the Schedule I category; however, the new proposition hopes to reclassify the drug as Schedule III, an intermediate abuse potential. That category currently includes anabolic steroids, testosterone, and ketamine.

Unlike Schedule I drugs, Schedule III substances can be obtained legally with a valid prescription from a licensed healthcare professional. Although many states have independently legalized or declassified cannabis, the drug is still federally classified.

Last year, the Biden Administration announced plans for marijuana reform. Alongside other requests, the president asked the HHS to initiate a review of how marijuana is scheduled.

“[Biden’s] asking HHS and DOJ to take a look at it, to do an initial administrative kind of process or review if you will,” said White House press secretary Karine Jean-Pierre. “It’s going to be an independent process. They’re going to certainly use the evidence. It’s going to be guided by evidence, and so I’m going to leave it to HHS and DOJ to move that process.”

While the review process may take some extended time, this change may significantly impact patients and healthcare professionals hoping to access marijuana for medicinal purposes.