Biden DOJ Proposes Moving Marijuana to Schedule III in Historic Shift

The Drug Enforcement Administration published a proposed rule on May 21, 2024, to reclassify marijuana from Schedule I to Schedule III of the Controlled Substances Act — the first proposed change to federal marijuana scheduling since Nixon placed it in Schedule I in 1970. The proposal followed a HHS review initiated by President Biden that concluded marijuana had accepted medical use and lower abuse potential than Schedule I substances. The rulemaking opened a public comment period and formal hearing process that continued into the Trump administration.