Justice Department Formally Announces Plan to Reclassify Marijuana

The U.S. Department of Justice announced on May 16 that it was formally moving to reclassify marijuana out of Schedule I of the Controlled Substances Act, one the most significant changes in decades of U.S. drug policy.

The agency acknowledged the medical uses of marijuana, or cannabis, in a proposed rule it sent to the federal register while emphasizing the plant’s lower potential for abuse compared with other Schedule I drugs. By design, the Drug Enforcement Administration (DEA) puts drugs in Schedule I if the agency believes they have no medical value.

Attorney General Merrick Garland approved the plan, but the scheduling change does not automatically legalize at the federal level marijuana for medical or recreational use.

In the next stage of the process, the DEA will accept public comment on the proposal to reschedule marijuana out of Schedule I with drugs like heroin and ecstasy and into Schedule III with drugs that have medical use, like ketamine and testosterone.

The announcement follows a recommendation from the Department of Health and Human Services after President Joe Biden urged the agency to review the drug’s status in 2022.

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“Far too many lives have been upended because of a failed approach to marijuana, and I’m committed to righting those wrongs. You have my word on it.”

President Biden has changed his stance on marijuana over the years. While Vice President in 2010, he said he believed marijuana was a “gateway drug,” but no longer held that view when asked again in 2020.

The change in marijuana drug policy could give the president a boost this year, particularly among younger voters, after recent polling showed a dip in support among that age group compared with 2020. Some analysts have blamed the drop in enthusiasm on the Israel-Hamas war after weeks of campus protests featured criticisms of the president’s handling of the conflict and his foreign policy toward the Israeli government.

The Justice Department’s rulemaking submission to the federal register initiates a 60-day public comment period, followed by a potential review by an administrative judge.

Joining President Biden were several Democratic and Republican lawmakers who advocated for a change in DEA policy regarding marijuana after 38 U.S. states have legalized marijuana for medical use and another 24 legalized it for recreational use.

Rep. Lori Chavez-DeRemer (R-Ore.) called it “really good welcoming news” during a May 15 hearing before the House Education and the Workforce Committee.

Many states and cities have also decriminalized the plant, starting in the 1970s. The current U.S. legal marijuana industry is estimated to be worth nearly $30 billion.

“[A]s a first step forward, this policy change dramatically shifts the political debate surrounding cannabis,” he said.

“Claims that cannabis poses unique harms to health, or that it’s not useful for treating chronic pain and other ailments, have now been rejected by the very federal agencies that formerly perpetuated them.”

Smart Approaches to Marijuana (SAM), however, started by former White House drug policy adviser Dr. Kevin Sabet, is against the policy change.

“[I]t’s become undeniable that politics, not science, is driving this decision and has been since the very beginning. This decision won’t legalize marijuana, and it won’t release anyone from prison or jail. … But it will allow the pot industry to take tax deductions on their advertising expenses. This is setting the stage to create the Big Tobacco of our time,” Dr. Sabet said in a statement.

While moving marijuana to Schedule III could affect future federal policy on the plant, drugs in that category are still considered controlled substances and subject to regulations. Anyone found guilty of selling or trafficking them without proper authorization could still be federally prosecuted.

However, some industry groups have said that reduced federal regulations on marijuana could lower the tax burden on various marijuana businesses, which can be 70 percent or more. Putting the drug in Schedule III could also make it easier for medical research to study marijuana and its effects on the human body, as it’s difficult to receive clinical authorization to study Schedule I drugs.

The Associated Press contributed to this report.