HHS Report on Cannabis Scheduling is Available & Statement from ASA
CONTACT: Steph Sherer, [email protected], (510) 872-7822
ASA’s Statement on HHS
“I am excited to see that the Food & Drug Administration (FDA) incorporated many of Americans for Safe Access’ suggestions in their approach to the scheduling process and ASA’s data was utilized, resulting in their conclusion that cannabis does in fact have accepted medical use” said Steph Sherer, Founder & President of Americans for Safe Access. “We are hopeful that the DEA will agree with HHS’ recommendation to change cannabis’ status and that Congress views HHS’ report as a greenlight to move forward with a more comprehensive approach to medical cannabis access.”
ASA’s recommendation to FDA for scheduling can be found here.
Background:
For over 2 decades Americans for Safe Access (ASA) has been advocating for a change in the scheduling of cannabis to recognize its medical use. We are excited to see that the Food & Drug Administration (FDA) incorporated many of our suggestions into their approach to the scheduling process and were able to utilize ASA’s data in reaching their conclusion that cannabis does in fact have accepted medical use.
In October 2022, President Biden called on Health & Human Services (HHS) & the Department of Justice (DOJ) to conduct a review of the scheduling of Cannabis under the Controlled Substance Act (CSA).
The process of determining the schedule of substance defined under the CSA requires a medical and scientific review outlined by the “Eight Factor Analysis” and “five-element test” for determining whether the drug has a currently accepted medical use for treatment in the United States. FDA conducts the initial analysis for HHS before handing over their findings and recommendations to the Drug Enforcement Administration (DEA) to inform their review and scheduling determination on behalf of the DOJ.
Over the last 50 years, HHS and DOJ have conducted five scheduling reviews of cannabis, initiated by the petition process defined in the CSA. The last review concluded in 2016 with the DEA issuing the report “Denial of Petition to Initiate Proceedings to Reschedule Marijuana” see safeaccessnow.org/2016_Rescheduling_Denial_Factsheet.
On August 30, 2023, HHS confirmed that it had recommended that cannabis be moved to a Schedule III status to the DEA. Today, HHS’ report behind that recommendation was made public through a FOIA request view copy here:
What’s Next:
The DEA is now preforming a review that will include HHS’ findings, their internal application of the “8 Factor Analysis”, and U.S. obligations to scheduling allowances under international drug treaties. Their determination and rationale will be posted to the federal registry accompanied by a timeframe for public comment. At that time, stakeholders can request a hearing to present the DEA with additional information in pursuit of a different outcome. If granted, a non-binding hearing will be conducted by an administrative law judge.
For more information on the impact of cannabis scheduling see: Factsheet: Rescheduling Cannabis Update
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About Americans for Safe Access
The mission of Americans for Safe Access (ASA) is to ensure safe and legal access to cannabis (marijuana) for therapeutic use and research. ASA was founded in 2002 as a vehicle for patients to advocate for the acceptance of cannabis as medicine. With over 150,000 active supporters in all 50 states, ASA is the largest national organization of patients, medical professionals, scientists, and concerned citizens promoting safe and legal access to cannabis for therapeutic use and research. ASA works to overcome political, social, and legal barriers by creating policies that improve access to medical cannabis for patients and researchers through legislation, education, litigation, research, grassroots empowerment, advocacy, and services for patients, governments, and medical professionals.
