Wyden, colleagues urge DOJ, DEA to reclassify marijuana as Schedule III drug, with low potential for abuse

 WASHINGTON (KTVZ) -- Senator Ron Wyden, D-Ore. announced Thursday that he and six other senators have sent a letter to Attorney General Merrick Garland and Drug Enforcement Administrator Anne Milgram, expressing their strong support for the DEA’s  proposal to transfer marijuana from Schedule I to Schedule III of the Controlled Substances Act.

Under the DEA, Schedule I drugs are classified as substances with a high potential for abuse, such as heroin or LSD, and they are not accepted for medical use. In contrast, Schedule III drugs have moderate to low potential for abuse, such as testosterone or Tylenol with codeine. 

“We write to express support for the Drug Enforcement Administration’s proposal to transfer marijuana from schedule I to schedule III of the Controlled Substances Act (“CSA”). The proposed rule to reclassify marijuana to schedule III recognizes the medical benefits of marijuana, will improve access for studying the health effects of short and long-term cannabis use, and will provide relief to cannabis businesses that continue to navigate a patchwork regulatory system to conduct legal business,” the senators began. 

“On October 6, 2022, President Biden directed the Secretary of Health and Human Services and the Attorney General to initiate the administrative review process to review expeditiously how marijuana is scheduled under federal law. In 2023, after undertaking the eight-factor analysis required under the CSA, HHS found, and recommended to DEA, that marijuana did not meet the criteria to continue classification as a Schedule I substance and that it be transferred to Schedule III,” the senators continued. 

Health and Human Services conducted a two-part inquiry to consider the Current Accepted Medical Use of marijuana, and concluded it has been accepted to treat pain, anorexia, nausea, vomiting, among other ailments, without posing ‘unacceptably high safety risks.’

“Rescheduling presents significant benefits to public health, research, business, and Americans harmed by the lasting effects of our punitive drug policies. It will also bolster cannabis-related businesses, many of which are owned by people criminalized for marijuana offenses, opening them up to critical investment opportunities,” the senators wrote.

The senators also emphasized the need to pass comprehensive legislation, like the Cannabis Administration and Opportunity Act, to fully end federal prohibition and establish a federal regulatory framework that prioritizes restorative justice and public health. Wyden, alongside Senators Cory Booker, D-N.J., and Chuck Schumer, D-N.Y., led the reintroduction of that cannabis legislation earlier this year. 

“Rescheduling is not the panacea to undoing the harms caused by decades of marijuana prohibition, but it is a step toward addressing the policies that have devastated communities across the country. Cannabis should be entirely de-scheduled. Yet, we recognize and appreciate DEA’s effort to address the flaws in our current marijuana policy by using its authority under the CSA and following the scientific and medical evidence to reschedule marijuana as a Schedule III drug. We urge DEA to finalize the rule,” the senators concluded. 

In addition to Wyden, Booker, and Schumer, the letter was joined by U.S. Senators Tina Smith, D-Minn., Ben Ray Luján, D-N.M., Patty Murray, D-Wash., and Kirsten Gillibrand, D-N.Y.

To read the full text of the letter, click here.