Should DEA Reschedule Marijuana To A Schedule III Drug

Food and Drug Law at Keller and Heckman

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FDA Recommends that the DEA Reschedule Marijuana

by: Food and Drug Law at Keller and Heckman of Keller and Heckman LLP - The Daily Intake

Wednesday, January 17, 2024

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Recently released documents indicate that FDA has recommended that the Drug Enforcement Administration (DEA) reschedule marijuana from a Schedule I drug to a Schedule III drug under the Controlled Substances Act. Schedule I drugs have a high potential for abuse, have no currently accepted medical use (CAMU), and there is a lack of accepted safety for their use under medical supervision. In contrast, Schedule III drugs, have a lesser potential for abuse than Schedule I and II drugs, have a CAMU, and their abuse may lead to moderate or low physical dependence or high psychological dependence. 21 U.S.C. § 812.
As to the first factor mentioned above (high potential for abuse), FDA noted that “marijuana is the most frequently abused federal illicit drug” and produces a wide range of responses, both positive and negative, but concluded that “it does not produce serious outcomes compared to drugs in Schedules I or II.” Notably, marijuana ranked at the very bottom of drugs when it came to a number of undesirable metrics including overdose, poisoning, emergency room visits, and hospitalizations.
As to the second factor mentioned above (currently accepted medical use), FDA concluded that that there is widespread experience with medical use of marijuana by licensed health care providers operating under state-authorized programs and that there was “some credible scientific support” for the use of medical marijuana to treat anorexia related to a medical condition, anxiety, epilepsy, inflammatory bowel disease, chemotherapy induced nausea and vomiting, pain, and post-traumatic stress disorder.
On the third factor mentioned above (dependence liability), FDA concluded that marijuana can lead to low or moderate physical dependence in heavy users, and can produce psychic dependence, but that the probability of a serious outcome is low.
The DEA will ultimately be responsible for the decision.