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# Reschedule Marijuana to Schedule 3: FDA
- URL: https://www.fdaweb.com/reschedule-marijuana-to-schedule-3-fda/
- Published: 2024-01-17T12:00:00.000Z
- Updated: 2026-09-14T14:20:30.000Z
- Author: David McFarland
- Tags: Drugs, #legacy-id-D5156154

FDA has recommended to the Drug Enforcement Administration that marijuana be rescheduled from a Schedule 1 drug to a Schedule 3 drug under the Controlled Substances Act. Attorneys at Keller and Heckman write in a *National Law Review* [post](https://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=newssearch&cd=&cad=rja&uact=8&ved=2ahUKEwiv6Pm-ruWDAxWHpIQIHZrJCWo4ChDF9AEoAHoECAoQAQ&url=https%3A%2F%2Fwww.natlawreview.com%2Farticle%2Ffda-recommends-dea-reschedule-marijuana&usg=AOvVaw2IjnznCQDsZJ6OTUui%5FEMq&opi=89978449) that the final decision ultimately will rest with DEA.

The attorneys explain that Schedule 1 drugs have a high potential for abuse, have no currently accepted medical use (CAMU), and there is a lack of accepted safety for their use under medical supervision. They say that Schedule 3 drugs have a lesser potential for abuse, have a CAMU, and their abuse may lead to moderate or low physical dependence or high psychological dependence.

In its [justification](https://www.dropbox.com/scl/fi/pw3rfs9gm6lg80ij9tja6/2023-01171-Supplemental-Release-1.pdf?rlkey=v5atj0tcnhxhnszyyzcwdcvvt&dl=0&ref=fdaweb.com), FDA indicated that while marijuana is the most frequently abused federal illicit drug, “it does not produce serious outcomes compared to drugs in Schedules 1 or 2.” The agency also said there is widespread experience with the medical use of marijuana by licensed healthcare providers operating under state-authorized programs and that there was “some credible scientific support” for using it to treat anorexia related to a medical condition, anxiety, epilepsy, inflammatory bowel disease, chemotherapy-induced nausea and vomiting, pain, and post-traumatic stress disorder.