The U.S. Justice Department revealed Thursday that the Attorney General has started the process of reclassifying marijuana from a Schedule I to a Schedule III drug under the Controlled Substances Act. The AG submitted to the Federal Register a notice of proposed rulemaking, initiating the formal process.

This step comes after marijuana’s long-standing categorization as a Schedule I drug since the Act’s inception in 1970. The shift was set in motion Oct. 6, 2022, by President Biden, who directed the Attorney General and the Secretary of Health and Human Services to reevaluate marijuana’s classification based on a scientific review.

Following advice from the HHS and the Justice Department’s Office of Legal Counsel, the Attorney General is using his legal authority to initiate this change.

The process involves a public notification, an opportunity for public comment, and a formal hearing. The AG’s proposal starts the process.

While the Drug Enforcement Administration reviews public input to finalize the drug’s schedule, marijuana remains a Schedule I controlled substance.

View the notice of proposed rulemaking here, and the OLC memorandum here.