Top Federal Health Official Says Marijuana Scheduling Review Still Needs To Go Through ‘A Few Hoops’

March 23, 2023 ·

The secretary of the U.S. Department of Health and Human Services (HHS) says he’s aware that there’s significant public interest in the timeline for the administrative review of marijuana scheduling—but there are “a few hoops we need to jump through” before completing that assessment.

HHS Secretary Xavier Becerra took to Twitter on Wednesday to share a media clip of his interview about cannabis with KDKA-TV that aired earlier in the week, assuring followers, “I see the comments and I know a lot of you are asking about the status of marijuana.”

“I hear you, and just know that we are trying to work quickly but still have a few hoops we need to jump through,” he said. “As always, the science will guide this decision.”

During the interview that Becerra promoted, the secretary declined to commit to completing the cannabis scheduling review by the unofficial cannabis holiday 4/20—but he did say that the process will take into account shifts in what the drug “means” to Americans over the last several decades.

Many advocates and industry stakeholders have raised questions about how long it will take the Food and Drug Administration (FDA) under HHS to complete its part of the review process. Several Biden administration officials have used the word “expeditiously,” but they’ve declined to provide a specific timeline.

Asked in the interview whether HHS would make its decision by April 20, Becerra laughed and said simply, “I know we’re going to try to move quickly.”

“It’s got to go through a number of hoops and, again, safety and efficacy are what will drive this determination, so stay tuned,” the secretary, who has been known to play into the symbolism of 420 on Twitter, said.

As he’s done before, Becerra emphasized that the department’s review will be based on “science” and “safety for Americans.” But he also notably added that the assessment will take into account “whether or not we can show that there has been a change since the early 1990s in what cannabis means to America.”

Marijuana Moment reached out to an HHS official for clarification on how public opinion and state legalization efforts factor into the department’s review, but a representative was not immediately available.

For what it’s worth, there weren’t any states where marijuana was legal for any purposes until 1996, and now there are 37 states with medical cannabis programs and 21 where it’s also legal for adult use.

Also, polling shows that support for ending cannabis prohibition altogether hovered around 20-30 percent in the early 1990s, whereas now almost seven in ten Americans back full legalization.

As the secretary said in a letter to the Congressional Cannabis Caucus earlier this month, the final decision on marijuana scheduling is left to the Drug Enforcement Administration (DEA).

The official’s letter echoed a key point that FDA Principal Deputy Commissioner Janet Woodcock made in October, shortly after President Joe Biden issued the directive, as well as a mass pardon for people who’ve committed federal marijuana possession offenses.

That is, FDA under HHS will conduct the review—and the findings from that review are “binding,” but only insofar as the science is concerned. Because scheduling decisions are covered by the Controlled Substances Act, however, DEA makes the final call. And DEA could ultimately decide to keep marijuana is Schedule I.

FDA’s Woodcock similarly said that DEA “has the final word” on any potential scheduling decision following their review.

More than a dozen bipartisan congressional lawmakers sent a letter Becerra and U.S. Attorney General Merrick Garland this month, demanding transparency in the cannabis scheduling review.

The letter said that Biden’s scheduling directive represents “an opportunity to make honest assessment of the origins and implications of federal policy,” adding that “marijuana was scheduled based on stigma not science,” and it’s “time to address marijuana’s existing reality as a state-regulated substance.”

Separately, Garland said at a Senate hearing this month that DOJ is “still working on a marijuana policy” while awaiting the results of the scientific review from health agencies. (Full Story)

In category:Federal Policy
Next Post

Bipartisan Senators File Bill To Ease Restrictions On Industrial Hemp Farmers

A bipartisan pair of U.S. senators have filed a bill to reduce regulations on farmers that grow industrial hemp for non-extraction purposes. Sens. Jon Tester (D-MT) and Mike Braun (R-IN) introduced the Industrial Hemp Act on Thursday—the latest piece of…
Previous Post

Major Alcohol Industry Association Calls For Federal Marijuana Legalization, Recommending Regulatory Framework

A major alcohol industry association is officially backing federal marijuana legalization, sending a letter to congressional leadership on Wednesday that implores lawmakers to “regulate adult-use cannabis at the federal level.” The Wine & Spirits Wholesalers of America (WSWA) said that…
Random Post

Supply and Demand Curves Starting to Become Efficient in California as Thousands of Cannabis Growers Call It Quits

The struggles that California's cannabis companies have been grappling with have been no secret. Still, it wasn't until this year that a noticeable decline in the legal marijuana market started to unfold. According to permit statistics from the California Department…
Random Post

State Starts Undercover Sting Operation to Bust Medical Marijuana Dispensaries? - Oklahoma Approves Secret Agent Missions

Oklahoma has enacted a recent law granting regulatory authority to oversee a covert evaluation initiative for medical marijuana dispensaries. Officially known as House Bill 3971 (HB 3971), this legislation, endorsed by state legislators and enacted in 2022, empowers the Oklahoma…
Random Post

Is Rescheduling Imminent?

Rumors of an imminent drug policy announcement swept through the industry Tuesday morning after the Associated Press reported the Drug Enforcement Administration (DEA) plans to reschedule cannabis. Citing five anonymous sources with knowledge of the decision, the AP reported the agency in…
Random Post

Illinois Marijuana Retailers Sold $2 Billion Worth Of Legal Products In 2023, Including A New Monthly Record In December

Illinois marijuana retailers set new monthly sales records to close out 2023, selling $181.8 million worth of cannabis products during December, including a record $153.9 million in adult-use purchases. Sales of medical marijuana in December were at their highest since…