The United States of America Drug Enforcement Administration is set to reclassify marijuana as a less dangerous drug, marking a significant shift in American drug policy.
According to AP, the DEA’s decision, confirmed by five anonymous sources familiar with the matter, on Tuesday, marks the final significant regulatory hurdle before the agency’s most significant policy change in over 50 years can be implemented.
This move, which still requires review by the White House Office of Management and Budget, would acknowledge the medical benefits of cannabis and its lower potential for abuse compared to some of the most dangerous drugs in the country. However, it would not legalize marijuana for recreational use.
The agency’s decision, confirmed by anonymous sources familiar with the matter, is a crucial step before the DEA’s biggest policy change in over 50 years can be implemented.
Once the Office of Management and Budget approves, the DEA will open a public comment period on the plan to reclassify marijuana from Schedule I, alongside heroin and LSD, to Schedule III, alongside ketamine and some anabolic steroids, following a recommendation from the federal Health and Human Services Department. Following the public comment period and review by an administrative judge, the agency will publish the final rule.
Biden’s historic marijuana shift is his latest election-year move for young voters
What marijuana reclassification means for the United States
“Today, the Attorney General circulated a proposal to reclassify marijuana from Schedule I to Schedule III,” Justice Department director of public affairs Xochitl Hinojosa said in a statement. The DEA is a component of the Department of Justice. “Once published by the Federal Register, it will initiate a formal rulemaking process as prescribed by Congress in the Controlled Substances Act.”
Attorney General Merrick Garland’s endorsement added the full weight of the Justice Department to the decision, indicating its significance to the Biden administration.
This move follows President Joe Biden’s call in October 2022 for a review of federal marijuana laws and his actions to pardon thousands of Americans convicted of simple marijuana possession at the federal level. Biden has also urged governors and local leaders to consider similar measures to expunge marijuana convictions.
“Criminal records for marijuana use and possession have imposed needless barriers to employment, housing, and educational opportunities,” Biden said in December. “Too many lives have been upended because of our failed approach to marijuana. It’s time that we right these wrongs.”
The announcement, coming in an election year, could help President Biden bolster his support, particularly among younger voters. Biden, along with an increasing number of lawmakers from both major parties, has been advocating for the DEA’s decision as marijuana decriminalization and acceptance have grown, especially among younger demographics. A Gallup poll last fall revealed that 70% of adults support legalization, marking a significant increase from the roughly 30% who supported it in 2000.
Despite this momentum, Schedule III drugs, including marijuana if reclassified, remain controlled substances subject to regulations, and trafficking them without permission could lead to federal criminal prosecution. Critics argue against the DEA’s shift, suggesting that rescheduling may not be necessary and could result in harmful consequences.
A former DEA deputy administrator, Jack Riley, expressed concerns about the proposed change, citing marijuana as a potential “gateway drug” that could lead to the use of other substances.
“But in terms of us getting clear to use our resources to combat other major drugs, that’s a positive,” Riley said, noting that fentanyl alone accounts for more than 100,000 deaths in the U.S. a year.
On the other end of the spectrum, others argue marijuana should be treated the way alcohol is.
“While this rescheduling announcement is a historic step forward, I remain strongly committed to continuing to work on legislation like the SAFER Banking Act as well as the Cannabis Administration and Opportunity Act, which federally deschedules cannabis by removing it from the Controlled Substances Act,” Senate Majority Leader Sen. Chuck Schumer of New York said in a statement. “Congress must do everything we can to end the federal prohibition on cannabis and address longstanding harms caused by the War on Drugs.”
In recent years, federal drug policy has lagged behind many states, with 38 states legalizing medical marijuana and 24 allowing its recreational use. This has fueled rapid growth in the marijuana industry, estimated to be worth nearly $30 billion. Easing federal regulations could reduce the tax burden, which can be as high as 70% for businesses, and facilitate marijuana research, as conducting authorized clinical studies on Schedule I substances is currently very challenging.
The immediate impact on the nation’s criminal justice system from rescheduling would likely be minimal, as federal prosecutions for simple possession have been rare. However, loosening restrictions could have unintended consequences in the ongoing drug war and beyond.
Critics argued that as a Schedule III drug, marijuana would still be regulated by the DEA. This would require the roughly 15,000 cannabis dispensaries in the U.S. to register with the DEA like regular pharmacies and comply with strict reporting requirements, something they may resist and that the DEA may be ill-equipped to manage.
The United States has international treaty obligations, including the 1961 Single Convention on Narcotic Drugs, which mandates the criminalization of cannabis. In 2016, during the Obama administration, the DEA cited these obligations and the findings of a federal court of appeals in Washington when denying a similar request to reschedule marijuana.
