The Cannabis Rescheduling Recommendation: What It Means And What's Next

In light of the August 30, 2023 historic recommendation from the U.S. Department of Health and Human Services (HHS) to reschedule cannabis to Schedule III, a multidisciplinary group of attorneys from Foley Hoag's nationwide Cannabis practice provides the following outlook and analysis of what's next:

Rescheduling Q&A

1) What happened?

The U.S. Department of Health and Human Services (HHS) made a recommendation to the U.S. Drug Enforcement Administration (DEA) that cannabis be moved from a Schedule I Controlled Substance to a Schedule III Controlled Substance under the federal Controlled Substances Act. The law defines Schedule I controlled substances as having "no currently accepted medical use and a high potential for abuse." The law defines Schedule III controlled substances as having "a moderate to low potential for physical and psychological dependence." Both Schedule I and Schedule III drugs are illegal to possess, distribute, and manufacture without