In late August 2023, the Department of Health and Human Services
(HHS) recommended rescheduling marijuana from a Schedule I
substance to a Schedule III substance under the Controlled
Substances Act (CSA), signaling the potential for drastic change in
the marijuana market. The recommendation comes seven years after
the Drug Enforcement Administration (DEA) declined to initiate rulemaking to reschedule
marijuana.
Currently, marijuana is classified as a Schedule I drug under
the CSA, defined to have no "accepted medical use and high
potential for abuse," like lysergic acid diethylamide (LSD)
and heroin. Schedule III drugs, however, are defined as those
"with a moderate to lower potential for physical and
psychological dependence," and include ketamine, certain
over-the-counter pain relievers and anabolic steroids. The DEA will
conduct its own review to evaluate marijuana's safety and
proceed through the formal rulemaking process; however, under the
CSA, HHS'
