Adjusting Position: HHS Recommends The Rescheduling Of Marijuana Under The CSA

Interest in the legalization of marijuana and its reclassification under the Controlled Substances Act (CSA) has significantly increased over the past decade. Despite this interest and legalization of marijuana in many states, the legalization of marijuana has yet to gain momentum at the federal level.

On August 29, 2023, the United States Department of Health and Human Services (HHS) recommended that the United States Drug Enforcement Administration (DEA) ease government restrictions on marijuana. More specifically, HHS has recommended marijuana be rescheduled under the CSA from a Schedule I controlled substance to Schedule III controlled substance.

This recommendation was based upon an extensive review by the United States Food and Drug Administration (FDA). This also comes after President Biden's October 6, 2022, statement asking that HHS and the Attorney General conduct an extensive scientific and medical review regarding the scheduling of marijuana under