The U.S. Drug Enforcement Administration (DEA) has initiated a public comment period for its proposal to reclassify marijuana as a less dangerous substance. This significant move, published on May 21 in the Federal Register, marks a potential shift in federal cannabis policy.
From Schedule I to Schedule III
Under the new framework, cannabis would no longer be classified as a Schedule I narcotic. This category is reserved for drugs with no accepted medical use and a high potential for abuse. Instead, marijuana would be reclassified as a Schedule III substance under the Controlled Substances Act, placing it alongside certain opioid-based pain medications, testosterone, and anabolic steroids.
However, it is crucial to note that despite this reclassification, cannabis would remain illegal under federal law unless Congress enacts legislative changes.
The Path to Rescheduling
The DEA’s proposal follows a recommendation from the Department of Health and Human Services (HHS). According to the HHS, marijuana has a lower potential for abuse than Schedule I and II substances and has accepted medical use. Public comments on this proposal will be accepted until July 22, and requests for a public hearing before an administrative law judge can be made until June 20.
After reviewing the comments and conducting any requested hearings, the DEA will issue a final order to reschedule marijuana. This process could take a few months to a year to complete.
Background and Implications
The move to reschedule cannabis comes nine months after the HHS initially advocated for the change, following a review by the U.S. Food and Drug Administration. The recommendation also aligns with President Joe Biden’s wider marijuana reform effort. In an October 2022 statement, Biden directed HHS Secretary Xavier Becerra and Attorney General Merrick Garland to review cannabis classification under federal law.
President Biden described the start of the rulemaking process as a “monumental” step forward in a May 16 video.
He emphasized the importance of addressing the injustices caused by the current approach to marijuana regulation. Vice President Kamala Harris also praised the progress, highlighting the outdated and overly harsh classification of marijuana compared to substances like heroin and fentanyl.
Industry and Research Impact
Despite marijuana legalization in various forms across most states, its federal illegality has hindered the cannabis industry’s growth. Rescheduling cannabis could significantly impact the $34 billion industry by alleviating some of the federal tax burdens under Section 280E of the tax code, which prevents legal cannabis companies from deducting most business expenses.
Moreover, rescheduling would facilitate cannabis research, enabling public health officials and scientists to study the drug more effectively. This could lead to a better understanding of its medical benefits and potentially pave the way for pharmaceutical companies to engage in the sale and distribution of medical marijuana in states where it is legal.
What’s Next?
The DEA’s proposal to reschedule marijuana is a critical step in the ongoing effort to reform cannabis regulation in the United States. As the public comment period proceeds and potential hearings are conducted, stakeholders across the industry, from business owners to researchers, are closely watching the developments.
For those interested in submitting comments or requesting a hearing, detailed instructions can be found in the Federal Register notice. As the DEA moves forward with this process, the cannabis community remains hopeful for a future where federal regulations align more closely with the evolving legal landscape and societal attitudes toward marijuana.
