Rep. Steve Cohen (D-Tenn.) introduced the Public Health and Research Reforms in Controlled Substances Act of 2026, which would fundamentally restructure how the federal government classifies and regulates drugs.
The bill would transfer scheduling authority from the Drug Enforcement Administration to the Department of Health and Human Services. Currently, the DEA makes final determinations on drug classifications, though HHS evaluates scientific and medical evidence.
Under Cohen's proposal, controlled substances would receive two classifications: a Roman numeral (I through IV) reflecting risks of misuse and substance use disorder, and a letter (A through E) reflecting therapeutic value. This dual system would allow a drug to be classified as high-risk while still recognized for medical benefits. The bill would replace the vague "potential for abuse" standard with one based on potential to develop substance use disorder, excluding isolated recreational use.
An expert committee would evaluate each substance and publish its evidence and reasoning. An expedited registration pathway would make it faster for researchers to study controlled substances, removing current obstacles that restrict research access.
The bill would deschedule marijuana and tetrahydrocannabinols retroactively, covering past offenses, pending cases, convictions, and juvenile adjudications.
Sentencing reforms would eliminate quantity-based trafficking provisions that impose five- and 10-year mandatory minimums and remove mandatory penalties when death or serious injury results. Prisoners eligible for reduced sentences could receive them if they meet narrower definitions of "serious drug felony" convictions.
The proposal requires officials to consider whether scheduling a substance itself threatens public health, including whether it might encourage substitution with more dangerous drugs or whether people use it to reduce use of other opioids.