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1 1 (September 13, 2023)

handle is hein.crs/govemuz0001 and id is 1 raw text is: Congressional ____ ~ Research Service Department of Health and Human Services Recommendation to Reschedule Marijuana: Implications for Federal Policy September 13, 2023 On August 29, 2023, the Department of Health and Human Services (HHS) recommended to the Drug Enforcement Administration (DEA) that marijuana be rescheduled from Schedule I to Schedule III under the Controlled Substances Act (CSA). This recommendation is based on the Food and Drug Administration's (FDA's) review of marijuana (as requested by President Biden in 2022) and related findings that are not currently available to the public. DEA has testified in response to questioning at a congressional hearing in 2020 that it is bound by FDA's recommendations on scientific and medical matters, and if past is prologue it could be likely that DEA will reschedule marijuana according to HHS's recommendation. If marijuana is rescheduled to Schedule III, it would have broad implications for federal policy. Also, this move would have significant implications for state medical marijuana programs and users of medical marijuana, but fewer implications for state recreational marijuana programs and those who use marijuana recreationally. This Insight discusses both the potential rescheduling and select policy implications. Rescheduling Marijuana to Schedule III The CSA classifies various substances in one of five schedules based on their medical use, potential for abuse, and safety or risk of dependence. The five schedules are progressively ordered, with substances regarded as the least dangerous and addictive controlled in Schedule V and those considered the most dangerous and addictive controlled in Schedule I. Marijuana as a Schedule I Controlled Substance As described in the CSA, Schedule I substances have a high potential for abuse with no currently accepted medical use in treatment in the United States and cannot safely be dispensed under a prescription. As a Schedule I controlled substance, the CSA prohibits the manufacture, distribution, dispensation, and possession of marijuana except for federal government-approved research studies. The Congressional Research Service https://crsreports.congress.gov IN12240 CRS INSIGHT Prepared for Members and Committees of Congress

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