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ARTICLE · 19 SEPTEMBER 2023

Report To Congress Identifies Significant Implications Of Marijuana Rescheduling

Wilson Elser Moskowitz Edelman & Dicker LLP
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On September 13, 2023, the Congressional Research Service (CRS) released a report prepared for members of Congress regarding the recent recommendation...

United StatesCannabis & Hemp
Ian Stewart
Ian Stewart
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On September 13, 2023, the Congressional Research Service (CRS) released a report prepared for members of Congress regarding the recent recommendation by the Department of Health and Human Services (HHS) that marijuana be rescheduled from Schedule 1 to Schedule 3 under the Controlled Substances Act (CSA).

The recommendation by HHS was based on a review performed by the Food and Drug Administration (FDA) pursuant to the executive order of President Biden issued in October 2022. The Drug Enforcement Agency (DEA) will now conduct its own review.

DEA Approval Is Likely

As a result of the DEA's acknowledgment during a 2020 congressional hearing that it is "bound by FDA's recommendations on scientific and medical matters," the CRS report predicts that "if past is prologue it could be likely that DEA will reschedule marijuana according to HHS's recommendation." This is because "CRS is unaware of any instance where DEA has rejected an FDA recommendation to reschedule."

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