Moving cannabis to Schedule 3 could eliminate the onerous 280E tax provision for operators.
By John Schroyer, Green Market Report
Marijuana rescheduling just got real.
On Monday, the U.S. Department of Health and Human Services under the Joe Biden administration formally recommended to its peers at the Department of Justice that marijuana be moved lower on the list of federally controlled substances, from Schedule 1 to Schedule 3, Bloomberg reported Wednesday.

The move is potentially the first step toward cannabis legalization in the United States, since Schedule 1 is reserved for drugs that have “no currently accepted medical use,” such as heroin, while Schedule 3 is defined as having “a potential for abuse” and “may lead to moderate or low physical dependence.” Schedule 3 drugs are easily available for medical patients, and the category includes ketamine, Tylenol with codeine, and some anabolic steroids.
The recommendation was in a letter sent on Aug. 29 from HHS Assistant Secretary for Health Rachel Levine to Drug Enforcement Administration chief Anne Milgram, Bloomberg reported. The letter also noted that the Food and Drug Administration examined eight different factors while analyzing marijuana’s place on Schedule 1, and determined that Schedule 3 was the more appropriate fit.
The National Institute on Drug Abuse concurred with that recommendation, Levine wrote.
Recent Posts
Wilson in Seattle and Mamdani in New York Back Starbucks Workers Strike
November 16, 2025
Take Action Now “I am not buying Starbucks and you should not either.” By Jon Queally, Common Dreams The mayors-elect in both Seattle and…
‘The Trump Administration Needs to Be Isolated in Its Anti-Science Actions’: CounterSpin interview with Rachel Cleetus on climate complicity
November 16, 2025
Take Action Now Janine Jackson interviewed the Union of Concerned Scientists’ Rachel Cleetus about climate complicity for the October 31, 2025,…
Europe Is Regulating AI Hiring. Why Isn’t America?
November 15, 2025
Take Action Now In 2024, the European Union passed the Artificial Intelligence Act, a landmark law that classifies any AI software used in hiring as…
“Gunboat Diplomacy”: U.S. War In Latin America Feared As Hegseth Launches “Operation Southern Spear”
November 14, 2025
Take Action Now “…it’s time for those of us here to stand up and say that where we will not support any attempt to bring back the old…




