There have been years of debate as to whether or not cannabis should be classified under Schedule I (high potential for abuse, no currently accepted medical use in treatment in the United States and a lack of accepted safety for use under medical supervision) or Schedule III (a potential for abuse less than those in Schedules I and II, have a currently accepted medical use and abuse may lead to moderate or low physical dependence or high psychological dependence) of the US Controlled Substances Act.  

Although the U.S. Department of Health and Human Services determined through scientific and medical evaluation that cannabis has currently accepted medical use in the U.S. and recommended in August 2023 that it be rescheduled, former DEA Administrator Anne Milgram did not sign a notice of proposed rulemaking for that recommendation—a document typically signed by someone in her position.

Likewise, although cannabis rescheduling remains in the DEA’s wheelhouse, if the DEA stalls too long from resolving the underlying interlocutory appeal, the movants could potentially try and force the agency’s hand in the D.C. Circuit, claiming that the APA forbids the DEA from ignoring judge's order and unreasonably delaying the process.  

The debates surrounding the potential rescheduling and legalization of marijuana will continue to evolve. We will continue to monitor the debates and provide you with updates.