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The U.S. Drug Enforcement Administration made a decision this week that could have implications for the future rescheduling of marijuana and psychedelics. Apparently acknowledged The five-factor test that it had used to determine if a drug had any accepted value in medicine is now outdated, and is being replaced with a simpler two-step test.

Marijuana Moment reported that the U.S. Department of Health and Human Services had initiated the new two-step testing during its evaluation of cannabis rescheduling in 2013. Now, the DEA has indicated in a federal register notice that it too has adopted the two step test.

The admission was made in a notice about the scheduling of a couple of synthetic opioids that DEA has designated as Schedule I. This is the same status as marijuana at the moment, meaning these drugs do not have “currently accepted medicinal use.”

HHS has simplified the old five-factor test, which was used by the DEA and found to be “unacceptably narrow” by the Office of Legal Counsel at the Department of Justice. HHS has simplified the five-factor test. The only relevant questions are “whether the drug in question is widely used by licensed health care professionals for medical purposes” and “whether credible scientific evidence exists for at least one medical condition for which part is met.”

Cannabis reform opponents, such as Smart Approaches To Marijuana, decried the two step analysis used by HHS this year. But attorney Shane Pennington says it’s likely that the DEA had no choice, because by law, it was required to accept HHS scientific evaluations on scheduling proposals.

Pennington told Marijuana Moment that the recent notice from DEA is proof that “DEA is bound to OLC on legal issues, because OLC speaks authoritatively for the entire executive branch unless overruled by the Attorney General or the President.”

Pennington said that it was significant as this is the first time that they have acknowledged this test. “They seem aware that it’s a test.”

Many activists and businesses hope that the federal restrictions on psychedelics will be loosened by the DEA using the same two-step testing for scheduling all narcotics.

Pennington told Marijuana Moment: “Say that psilocybin is up for rescheduling.” “They would have had to apply the same standards.”