The DEA confirmed to POLITICO that it received the letter.
“As part of this process, HHS conducted a scientific and medical evaluation for consideration by DEA. DEA has the final authority to schedule or reschedule a drug under the Controlled Substances Act,” a spokesperson for the agency said in a statement. “DEA will now initiate its review.”
The HHS letter is part of the official review process initiated by President Joe Biden last October: The FDA conducts the review, which is then sent to the National Institute on Drug Abuse and HHS, after which HHS transmits a letter of recommendation to the DEA. The DEA is not required to follow HHS’s recommendation.
The White House on Wednesday refused to comment on the review process.
“The administration process is an independent process led by HHS, led by the Department of Justice, and guided by evidence,” White House Press Secretary Karine Jean-Pierre told reporters. “We’re just not going to comment on that.”
Cannabis is currently a Schedule I substance on the CSA, which means it is deemed to have a high likelihood of abuse and no medical uses. Heroin and LSD are also Schedule I drugs. Schedule III drugs are categorized as having “moderate to low potential for physical and psychological dependence.” The category includes ketamine and testosterone.
The HHS recommendation is the result of a nearly yearlong federal review of all available marijuana research. Biden’s executive action — which also included federal pardons for low-level marijuana convictions — was seen by many as a political move taken ahead of the midterm elections to incentivize turnout among younger and more progressive voters.
At the time, advocates and some lawmakers urged Biden to take clear steps to remove cannabis completely from the CSA — versus rescheduling it. Legalization advocates on Wednesday reiterated that
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