Nadler, Pallone Urge DEA to Finalize Proposal to Reschedule Cannabis

WASHINGTON — Two of Congress’ most powerful Democrats urged the Drug Enforcement Administration on Tuesday to finalize a proposed rule that would move cannabis from schedule I to schedule III of the Controlled Substances Act.

Under the act, substances are placed in their respective schedules based on whether they have a currently accepted medical use in treatment in the United States, their relative abuse potential, and likelihood of causing dependence when abused. 

In October 2022, responding to changing norms regarding cannabis use and the number of states that have taken steps to legalize it for medicinal and recreational use, President Joe Biden directed executive branch agencies to review how marijuana is scheduled under federal law.

In short order, the Food and Drug Administration conducted a review and concluded the “risks to the public health posed by cannabis are low compared to other drugs of abuse.”

It also noted that “there is some credible scientific support for the use of marijuana in the treatment” of certain conditions, and recommended that it be transferred from schedule I to schedule III.

The National Institute on Drug Abuse later reviewed the FDA’s findings and agreed with the agency’s recommendation.

Schedule I substances are deemed to have no medical value and a high potential for abuse. Schedule III substances, in turn, are substances with moderate to low abuse potential, a currently accepted medical use, and a low potential for psychological dependence.

In a letter to Attorney General Merrick Garland and DEA Administrator Anne Milgram, Reps. Frank Pallone, D-N.J., ranking member of the House Energy and Commerce Committee, and Jerrold Nadler, D-N.Y., ranking member of the House Judiciary Committee, said they “value the Department of Justice’s steadfast commitment to prevent the misuse and diversion of controlled substances that pose a threat to public health.”

“Amidst a devastating opioid and overdose crisis, it is imperative that law enforcement and public health agencies focus efforts on the biggest threats to Americans,” Pallone and Nadler wrote. “When Congress passed the CSA, it recognized that our scientific and medical understanding is constantly evolving and granted the attorney general and the secretary of [Health and Human Services] important responsibilities in ensuring that the law reflects this knowledge.”

Now, they said, they felt compelled to urge the swift completion of the process and the transfer of cannabis to schedule III.

“We also call on the Department of Justice and HHS to continue to assess whether schedule IV, schedule V, or descheduling may be appropriate,” they said.

Dan can be reached at [email protected] and @DanMcCue