US Department of Health recommends that cannabis be classified as less dangerous

The U.S. Department of Health and Human Services (HHS) has officially recommended that cannabis be reclassified from Schedule I to Schedule III of the Schedule of Controlled Substances, a historic development that confirms, among other things, that the leading U.S. health agency no longer considers cannabis to be a drug with a high potential for abuse and no medical value.

What are these appendices?

In the United States, drugs, substances, and certain chemicals used to manufacture medications are classified into five distinct categories, or Schedules, based on the drug’s acceptable medical use and its potential for abuse or dependence.

The potential for abuse is a key factor in the classification of a drug; for example, Schedule I drugs have a high potential for abuse and for causing severe psychological and/or physical dependence. The potential for abuse decreases as one moves down through the Schedules. Schedule V drugs have the lowest potential for abuse.

The drugs, substances, or chemicals listed in Schedule I are defined as drugs for which there is currently no recognized medical use and which have a high potential for abuse. Substances classified in Schedule I include: heroin, lysergic acid diethylamide (LSD), cannabis, 3,4-methylenedioxymethamphetamine (ecstasy), methaqualone, and peyote.

Schedule III includes substances with a moderate to low potential for physical and psychological dependence. The potential for abuse of Schedule III drugs is lower than that of Schedule I and Schedule II drugs, but higher than that of Schedule IV drugs. Examples of Schedule III drugs include: products containing less than 90 milligrams of codeine per dosage unit (Tylenol with codeine), ketamine, anabolic steroids, testosterone, etc.

Where does this request for reclassification come from?

The HHS conducted a scientific study on cannabis in accordance with a directive from President Joe Biden last year.

He now tells the Drug Enforcement Administration (DEA), the U.S. drug regulatory agency, that it believes cannabis should be reclassified to Schedule III of the Controlled Substances Act (CSA). The recommendation is not binding, and the DEA has the final say, but the scientific analysis, combined with growing political support for cannabis reform, may well prompt the DEA to make this change.

«Based on data and science, HHS promptly responded to President Biden's directive to HHS Secretary Xavier Becerra and submitted its recommendation on cannabis scheduling to the DEA on August 29, 2023,» said an HHS spokesperson à Marijuana Moment Wednesday. «This administrative process was completed in less than 11 months, reflecting this department’s collaboration and leadership in ensuring that a comprehensive scientific assessment was completed and shared promptly.»

What are the impacts in the United States?

As a Schedule III substance, cannabis would remain prohibited at the federal level. However, this reclassification would have major implications for researchers who have long criticized the Schedule I classification, which creates significant barriers to access for research.

Moving cannabis to Schedule III would also open up tax opportunities for the cannabis industry that are not currently available. Section 280E of the’Internal Revenue Code In fact, it prohibits taxpayers who engage in the trafficking of certain controlled substances—which, at the federal level, includes the sale of cannabis—from deducting ordinary business expenses or credits not related to the cost of goods sold (COGS) associated with these activities.

Politically speaking, reclassifying cannabis from Schedule I to Schedule III would allow President Joe Biden to say that he contributed to a major reform, by facilitating an administrative review that could lead to a reclassification more than 50 years after cannabis was placed in the most restrictive category, when the federal government launched the war on drugs.

It could also bolster Congress’s momentum toward further reforming federal cannabis laws. When lawmakers return from their August recess and continue to try to’enact banking legislation regarding cannabisIf so, they will be able to cite the HHS recommendation as evidence of the urgent need to regulate the industry.

What are the impacts elsewhere?

Beyond the obvious example of cannabis being reclassified in the country that launched and fueled global drug prohibition, the international drug control system could be affected.

The United Nations Conventions, which classify drugs using a system of schedules similar to that of the United States, have already seen proposals to reclassify cannabis into categories that are more in line with science and actual usage—and In fact, they have already reclassified it to recognize its medical use. With the possibility that it could be included in a more lenient Schedule, which would facilitate its therapeutic uses, or even recreational, around the world?