Key Takeaways
- • Rep. Steve Cohen (D-TN) introduced the Public Health and Research Reforms in Controlled Substances Act of 2026, which would remove marijuana and THC entirely from the federal Controlled Substances Act rather than rescheduling it to Schedule III.
- • The bill would eliminate federal mandatory minimum sentences for drug offenses and apply removal retroactively to past offenses, pending cases and convictions, including juvenile adjudications.
- • The legislation would shift scheduling authority from the DEA to HHS, replace the five-schedule system with a 1A-3B style numerical and alphabetical framework, and expand scheduling factors from eight to 15.
- • Approximately 30 substances, including fentanyl, morphine, methamphetamine, psilocybin and ibogaine, would receive priority evaluations within two years; the bill describes this as the most comprehensive overhaul of the CSA since 1970.
- • The proposal is endorsed by NORML, Drug Policy Alliance, Students for Sensible Drug Policy and the Multidisciplinary Association for Psychedelic Studies, and is introduced as Cohen's 500th sponsored bill.
Summary
Congressman Steve Cohen (D-TN) introduced legislation that would remove marijuana entirely from the federal Controlled Substances Act, eliminate federal mandatory minimum sentences for drug offenses and restructure how the federal government classifies and regulates controlled substances. The Public Health and Research Reforms in Controlled Substances Act of 2026 would move significant authority from the Drug Enforcement Administration to the Department of Health and Human Services, expand scientific research protections and establish a new scheduling framework based on public health risks and therapeutic benefits.
The bill's central marijuana provision would remove marijuana and tetrahydrocannabinols (THC) from all federal controlled substance schedules. This differs from the ongoing federal rescheduling process, which would move marijuana to Schedule III while maintaining federal controls. The removal would apply retroactively to past offenses, pending cases and convictions, including juvenile adjudications, and would create a process for individuals serving sentences for offenses carrying reduced penalties to request resentencing. The FDA would retain authority over marijuana products and must hold at least three public meetings within one year on product safety, manufacturing, quality standards, marketing, labeling and sales. Federal employee marijuana testing could remain in place.
Beyond marijuana, the bill would replace the existing five-schedule system with four numerical classifications based on misuse potential and public health risks, combined with five alphabetical classifications evaluating therapeutic value. It would expand the current eight-factor scheduling analysis to 15 factors and create an independent expert advisory committee of 15 to 25 members. HHS would hold primary scheduling authority, while the DEA would retain responsibility for preventing diversion and enforcing federal controlled substance laws. Approximately 30 substances would receive priority evaluations within two years, and remaining substances would be reviewed within eight years; these substances would not be automatically removed from federal control.
For research, the legislation would transfer researcher registration to HHS, establish broader research registrations, streamline approvals and strengthen provisions facilitating research under the HALT Fentanyl Act. On sentencing, the bill would eliminate federal mandatory minimums while preserving judicial authority to impose substantial penalties for serious trafficking offenses. The U.S. Sentencing Commission would be required to revise guidelines, with provisions allowing certain previously sentenced individuals to seek reductions.
Cohen said that most Americans believe the 'war on drugs' has been a failure and aimed largely at minorities through draconian mandatory minimums. He described the bill as expanding substantially on his Controlled Substances Act Clarification in Sciences Act, introduced in June, and according to his office, it is his 500th sponsored piece of legislation. NORML Political Director Morgan Fox said the existing scheduling system has failed to classify substances based on scientific evidence, citing marijuana's Schedule I placement. The introduction comes as federal officials separately consider broader marijuana rescheduling following the federal government's earlier-this-year decision to move certain medical marijuana products to Schedule III.
The bill's central marijuana provision would remove marijuana and tetrahydrocannabinols (THC) from all federal controlled substance schedules. This differs from the ongoing federal rescheduling process, which would move marijuana to Schedule III while maintaining federal controls. The removal would apply retroactively to past offenses, pending cases and convictions, including juvenile adjudications, and would create a process for individuals serving sentences for offenses carrying reduced penalties to request resentencing. The FDA would retain authority over marijuana products and must hold at least three public meetings within one year on product safety, manufacturing, quality standards, marketing, labeling and sales. Federal employee marijuana testing could remain in place.
Beyond marijuana, the bill would replace the existing five-schedule system with four numerical classifications based on misuse potential and public health risks, combined with five alphabetical classifications evaluating therapeutic value. It would expand the current eight-factor scheduling analysis to 15 factors and create an independent expert advisory committee of 15 to 25 members. HHS would hold primary scheduling authority, while the DEA would retain responsibility for preventing diversion and enforcing federal controlled substance laws. Approximately 30 substances would receive priority evaluations within two years, and remaining substances would be reviewed within eight years; these substances would not be automatically removed from federal control.
For research, the legislation would transfer researcher registration to HHS, establish broader research registrations, streamline approvals and strengthen provisions facilitating research under the HALT Fentanyl Act. On sentencing, the bill would eliminate federal mandatory minimums while preserving judicial authority to impose substantial penalties for serious trafficking offenses. The U.S. Sentencing Commission would be required to revise guidelines, with provisions allowing certain previously sentenced individuals to seek reductions.
Cohen said that most Americans believe the 'war on drugs' has been a failure and aimed largely at minorities through draconian mandatory minimums. He described the bill as expanding substantially on his Controlled Substances Act Clarification in Sciences Act, introduced in June, and according to his office, it is his 500th sponsored piece of legislation. NORML Political Director Morgan Fox said the existing scheduling system has failed to classify substances based on scientific evidence, citing marijuana's Schedule I placement. The introduction comes as federal officials separately consider broader marijuana rescheduling following the federal government's earlier-this-year decision to move certain medical marijuana products to Schedule III.
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