The Drug Enforcement Administration (DEA) has emphasized its “final authority” in determining the scheduling of marijuana, despite recommendations from the U.S. Department of Health and Human Services (HHS), according to a response letter sent to Congressional Cannabis Caucus co-chair Rep. Earl Blumenauer by DEA Acting Chief of the Office of Congressional Affairs Michael Miller.
The ongoing scheduling review, initiated under President Joe Biden’s directive in October 2022, began with an HHS scientific assessment advising the DEA to move marijuana from Schedule I to Schedule III of the Controlled Substances Act (CSA). However, Miller’s letter, reported by Punchbowl News, highlighted that the DEA conducts its own review after receiving HHS’s recommendation.
“DEA has the final authority to schedule, reschedule, or deschedule a drug under the Controlled Substances Act, after considering the relevant statutory and regulatory criteria and HHS’s scientific and medical evaluation,” the letter stated. The agency is currently conducting its review, with no disclosed timeline for completion.
The DEA’s response comes in the wake of a letter from 31 bipartisan lawmakers, led by Rep. Blumenauer, urging the agency to consider the “merits” of marijuana legalization. The lawmakers criticized the limitation of placing cannabis in Schedule III rather than fully removing it from CSA control.
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While the Congressional Research Service (CRS) suggested that the DEA might follow HHS’s recommendation based on past precedent, the agency reiterated its final jurisdiction over the CSA. The HHS’s justification for recommending marijuana to be moved to Schedule III remains undisclosed, with only highly redacted documents released.
The DEA has faced pressure from various stakeholders in the cannabis policy debate, including 29 former U.S. attorneys urging the Biden administration to keep cannabis as a Schedule I drug. Six U.S. state governors and former DEA heads and White House drug czars have also expressed opposing views on rescheduling.
Notably, in October, advocates and lawmakers marked the one-year anniversary of President Biden’s mass marijuana pardon and scheduling directive, calling for further action, including federal legalization support.
The DEA, amidst the marijuana scheduling review, has also announced its intention to revisit the scheduling of two psychedelics, triggering a potential clash with researchers and advocates advocating for their therapeutic potential.
Meanwhile, the agency has cautioned Georgia pharmacies against dispensing THC, asserting its Schedule I status, even as the state became the first in the U.S. to permit pharmacies to sell medical marijuana.
The letter from Miller reiterated the agency’s commitment to conducting a thorough review and expressed gratitude for ongoing legislative interest, signaling a continued collaboration on cannabis-related issues.
Information for this briefing was found via Punchbowl News, Marijuana Moment, and the sources mentioned. The author has no securities or affiliations related to this organization. Not a recommendation to buy or sell. Always do additional research and consult a professional before purchasing a security. The author holds no licenses.
