As a governor-appointed member of the Maryland Cannabis Public Health Advisory Council, I’ve been asked about the implications of rescheduling cannabis from Schedule I to Schedule III in the Controlled Substance Act (CSA). While this change is a step forward, it won’t address the critical issues surrounding accessibility, affordability, and safety for patients.
The recent proposal by the U.S. Department of Justice (DOJ) to reclassify cannabis acknowledges its accepted medical use. However, this rescheduling alone doesn’t make cannabis a medicine under U.S. law.
The Road to Rescheduling
- The FDA, HHS, and DOJ agree that cannabis has accepted medical use, making it ineligible for Schedule I status.
- The proposed rule would reclassify cannabis as having “moderate to low potential for physical and psychological dependence.”
The Limitations of Rescheduling
- Only FDA-approved drugs are considered “medicine” in the United States.
- The FDA’s botanical protocols for drug approval were not designed for complex herbal medications like cannabis.
- State medical programs operate outside federal laws and will continue to do so even if cannabis is rescheduled.
While rescheduling is progress, it doesn’t address the core challenges faced by patients seeking safe and affordable access to medical cannabis.
