FDA Commissioner Says “There’s No Reason for the DEA to Delay” Marijuana Scheduling Decision

During a committee hearing today in the United States House of Representatives, Food and Drug Administration (FDA) Commissioner Robert Califf said “there’s no reason for the DEA to delay” a decision regarding marijuana’s scheduling status.

FDA Commissioner Robert Califf (photo credit: Win McNamee / Getty Images).

During a hearing today of the House Oversight and Accountability Committee, Congressmember Nancy Mace (R-SC) asked Commissioner Califf; “I understand this issue now rests with the DEA, I’m curious if you have an update on the timing of their decision?”

Commissioner Califf responded by saying that even if he knew, he couldn’t say publicly. Rep. Mace followed up by asking “do you think it will happen this year?”

Califf said “I know that there’s no reason for DEA to delay, they just have to take into account all the regulations that are in play.”

Rep. Mace then encouraged Califf to look into her bill the States Reform Act, which would allow states to decide their own marijuana policies.

Currently the The Drug Enforcement Administration (DEA) is conducting a review of marijuana’s Schedule I status. The review was prompted by the Department of Health and Human Services (HHS) sending a letter to the agency in August, requesting marijuana be moved to Schedule III. This recommendation came after a nearly year-long review by HHS, which came at the request of President Biden via a late-2022 executive order.

Under current law, marijuana is a Schedule I drug, indicating it has no known medical value, it’s highly addictive and dangerous, and is illegal for all uses. Other Schedule I drugs include heroin and LSD. If moved to Schedule III, marijuana would be in the same class as substances like ketamine, testosterone and codeine, making it available for prescription use nationwide.

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