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ARTICLE · 01 SEPTEMBER 2023

HHS Recommends Moving Cannabis To Schedule III

Perkins Coie LLP
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Politico and Bloomberg both reported today that the U.S. Department of Health and Human Services (HHS) is officially recommending that marijuana be moved to Schedule III...

United StatesCannabis & Hemp
Andrew Kline
Andrew Kline
Hanna Barker Mullin
Hanna Barker Mullin

Politico and Bloomberg both reported today that the U.S. Department of Health and Human Services (HHS) is officially recommending that marijuana be moved to Schedule III from Schedule I under the Controlled Substances Act (CSA), a historic shift that indicates the top health agency no longer considers cannabis to have high abuse potential with no medical value.

The rescheduling recommendation is not binding on the Drug Enforcement Administration (DEA), but DEA is statutorily obligated to accept HHS's scientific and medical evaluation. If DEA decides to reschedule cannabis, the agency will go through a rulemaking process that includes a public comment period before issuing a final rule.

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