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The DEA is Reclassifying Marijuana in US Drug Policy, AP Says

Updated 2:02 PST
A Paradigm Shift in Drug Policy

The U.S. Drug Enforcement Administration (DEA) is on the brink of a monumental shift in American drug policy. According to The Associated Press, the DEA proposes to reclassify marijuana, acknowledging its medical uses and lower potential for abuse compared to harder substances like heroin and LSD. This move signifies a major turn from long-standing federal policies, reflecting a broader acceptance of cannabis’s therapeutic benefits.

The Proposed Change and Its Implications

Currently classified as a Schedule I drug, marijuana’s reclassification to Schedule III would place it alongside substances like ketamine and some anabolic steroids. This change follows a recommendation from the federal Health and Human Services Department and is part of the agency’s most significant policy overhaul in over 50 years. The proposal is now pending review by the White House Office of Management and Budget before it opens for public comment.

The reclassification would not legalize recreational use federally but acknowledges the reduced harm and potential benefits of cannabis. This change could substantially alter the landscape for medical research and reduce the tax burdens on the burgeoning marijuana industry, currently estimated to be worth nearly $30 billion.

Political and Social Context

This initiative follows President Joe Biden’s call for a reassessment of federal marijuana laws in October 2022, alongside a historic move to pardon Americans convicted of simple possession. This push reflects an effort to amend the long-term social injustices associated with marijuana convictions, which have disproportionately affected certain communities, creating barriers to employment, housing, and education.

The timing of this announcement in an election year may also help to bolster support among younger voters for Biden, illustrating the ongoing political and social evolution regarding cannabis.

Opposition and Concerns

Despite the positive steps forward, some critics remain. Concerns about marijuana being a potential “gateway drug” persist, highlighting the complex views still present in American society regarding drug use. Moreover, the DEA’s capacity to manage the new classification, requiring approximately 15,000 cannabis dispensaries to register and comply with strict regulations, remains questionable.

International and Legal Challenges

The proposed reclassification also touches on complex international issues, particularly the United States’ obligations under the 1961 Single Convention on Narcotic Drugs, which mandates the criminalization of cannabis. The DEA has previously cited these obligations as a barrier to rescheduling efforts.

Growing Voices Demand More than Rescheduling

Following the DEA’s recent proposal to reclassify marijuana from a Schedule I to a Schedule III substance, a significant advocacy group, United for Marijuana Decriminalization, is urging the public to push for more substantial changes. This coalition, comprising leaders in drug policy reform and the cannabis industry, emphasizes that shifting marijuana to Schedule III under the Controlled Substances Act (CSA) is insufficient and does not fulfill President Biden’s decriminalization promise.

Why Rescheduling Isn’t Enough

Chelsea Higgs Wise, the executive director of Marijuana Justice, critiques the DEA’s plan as perpetuating the criminalization of marijuana, which contradicts Biden’s assurances, particularly to marginalized communities. The proposal fails to address key issues:

  • Continued Criminalization: Rescheduling won’t release those incarcerated for cannabis, expunge records, or amend immigration-related or other rights infringements.
  • State Business and Patient Prohibition: Despite compliance with state laws, users and businesses will still conflict with federal regulations, further protecting only FDA-approved products and registered entities.
  • Inadequate Reform Steps: True reform, according to advocates, starts with descheduling marijuana, not a half-measure that maintains its criminal status under the CSA.

Advocacy and Action

Shaleen Title of the Parabola Center for Law and Policy argues that the DEA’s move, while seemingly progressive, fails to protect marijuana patients and consumers from arrest, describing it as a cosmetic change inadequate for the real issues at hand. The coalition has prepared a tool to facilitate public engagement once the DEA opens its portal for comments, stressing the importance of a united front in this pivotal moment.

Diverse Coalition and Their Standpoints

United for Marijuana Decriminalization includes influential organizations such as the Drug Policy Alliance, National Cannabis Industry Association, and others who see the rescheduling as a mere rebranding of prohibition. They call for immediate action to deschedule marijuana and reform federal cannabis policy profoundly.

Reactions Across the Coalition

  • Chelsea Higgs Wise: Criticizes the limited scope of the proposed changes for failing to deliver promised reforms to communities disproportionately affected by marijuana criminalization.
  • Shaleen Title: Points out that rescheduling protects only hypothetical corporate interests and not the real needs of consumers or businesses.
  • Kaliko Castille: Acknowledges the move’s potential benefits for small businesses but criticizes its misalignment with scientific understanding and public opinion.
  • Natacha Andrews, Esq.: Highlights the ongoing marginalization caused by the current scheduling, calling for more substantial measures to bring relief and repair.
  • Aaron Smith: Supports ending prohibition but emphasizes the need for clear enforcement guidelines to protect existing legal cannabis businesses.
  • Cat Packer: Urges the Biden Administration and Congress to recognize the insufficiency of the DEA’s proposed shift and to take decisive steps towards meaningful marijuana reform.

This call for more profound reform underscores the ongoing debate over how best to align federal policy with public sentiment and state laws regarding cannabis. As the public comment period approaches, stakeholders from all sectors are encouraged to voice their opinions, aiming for a reevaluation that might finally remove cannabis from the list of controlled substances.

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