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ARTICLE · 04 SEPTEMBER 2023

Reclassifying Cannabis As A Schedule III Substance – Will The DEA Agree?

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On August 29, 2023, less than one year after President Biden's directive to federal officials, including the U.S. Department of Health and Human Services ("HHS") and the U.S. Attorney general...

United StatesCannabis & Hemp
Richard Friedman
Richard Friedman
Nazia Khan
Nazia Khan
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On August 29, 2023, less than one year after President Biden's directive to federal officials, including the U.S. Department of Health and Human Services ("HHS") and the U.S. Attorney general, to conduct a review of cannabis' classification under federal law,1 HHS submitted a letter to the U.S. Drug Enforcement Agency ("DEA") recommending a change in cannabis' classification under the federal Controlled Substances Act ("CSA").

According to sources citing confirmation from HHS and DEA, HHS's letter noted that it had completed its analysis of the risks and benefits of cannabis use and recommended that the DEA loosen its restrictions on the drug. Specifically, HHS is recommending that the DEA reclassify cannabis from a Schedule I drug, the most restrictive tier under the CSA reserved for drugs with no accepted medical use and a high potential for abuse, to a Schedule III drug, a tier reserved for drugs with a moderate to low potential for physical and psychological

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