In August 2023 the Food and Drug Administration
("FDA") and Health and Human Services ("HHS")
recommended that the Drug Enforcement Administration
("DEA") reschedule marijuana from schedule I under the
federal Controlled Substances Act ("CSA") to schedule
III. By doing so, FDA determined that marijuana not only no longer
meets schedule I criteria, but by leapfrogging to schedule III,
concluded that it does not meet schedule II criteria either.
FDA conducted the eight-factor scheduling analysis required by
the CSA in 2016 and found that marijuana continued to meet the
scheduling criteria for remaining in schedule I. Denial of Petition
to Initiate Proceedings to Reschedule Marijuana, 81 Fed. Reg.
53,688 (Aug. 12, 2016); Denial of Petition to Initiate Proceedings
to Reschedule Marijuana, 81 Fed. Reg. 53,767 (Aug. 12, 2016). FDA
found that marijuana continued to have a high potential for abuse,
lacked accepted safety for use under medical supervision and had
