After decades of slow but positive steps, The United States Drug Enforcement Administration (DEA) is poised to turn over a new leaf and reclassify cannabis as a Schedule III drug under the Controlled Substances Act (CSA), marking a significant shift with broad implications. This decision, disclosed by The Associated Press on April 30, follows the U.S. Department of Health and Human Services recommendation made eight months earlier, prompted by President Joe Biden's directive in October 2022 to reassess how cannabis is categorized under federal law.
While the DEA's proposal awaits review by the White House Office of Management and Budget, it signifies a faster process compared to previous evaluations, which often spanned multiple years. The move is seen as potentially transformative, given the involvement of a sitting president and the backing of a federal agency like the HHS.
Advocates for cannabis reform view this development as a significant step towards ending the "war on drugs." Representative Earl Blumenauer, a vocal supporter of federal cannabis reform, highlighted the outdated stigma surrounding marijuana's scheduling, emphasizing the overwhelming public support for legalization across states.
A Mixed Reception
Pressure from lawmakers, including 21 U.S. legislators, has been mounting on the DEA to act on rescheduling cannabis, echoing sentiments expressed by Democratic governors and Senator Kirsten Gillibrand. However, there's opposition too, notably from Representative Andy Harris and a group of former attorneys general who cautioned against the move. Opponents of the suggestion also highlight that rescheduling, rather than completely removing it from the schedule ("de-scheduling"), would fail to bridge the widening gap between state and federal cannabis regulations. This is because state cannabis laws aren't tailored to accommodate a drug classified under Schedule III.
The pending reclassification underscores a long-overdue seismic shift from cannabis's long-standing Schedule I classification, which equated it with dangerous drugs like heroin and LSD, despite contrary state-level legalization efforts and established regulatory frameworks.
What Rescheduling Cannabis Means
It's important to note that nothing's changed yet. The potential shift to Schedule III status would acknowledge cannabis's medicinal value but may also introduce new regulatory challenges akin to those faced by drugs in this category. Cannabis becoming a Schedule III substance means it would occupy the same list as ketamine, anabolic steroids, and Tylenol with codeine, and as such, can be legally prescribed by licensed healthcare professionals. However, this move does not legalize recreational use. Under Schedule III, cannabis would remain a controlled drug, and that means anyone trafficking cannabis without permission could still face federal prosecution. David Culver, senior vice president of publica affairs at the U.S. Cannabis Council, noted: “Put simple, this move from Schedule I to Schedule III is not getting people out of jail".
No changes are expected to the medical marijuana programs now licensed in 38 states or the legal recreational cannabis markets in 23 states. It’s unlikely that the change in scheduling would have any effect on the purchase of cannabis seeds or create any issues.
The move may open avenues for improved access to capital, banking services, and research opportunities, potentially easing tax burdens on cannabis businesses. Despite these potential benefits, concerns linger regarding the impact on existing state-legal cannabis markets. Some fear upheaval if stringent FDA regulations are imposed, potentially disrupting the current dispensary model.
Legal challenges could further complicate the process, with lawsuits potentially delaying or overturning the reclassification. The timeline for implementation remains uncertain, subject to a public participation period and final rule drafting by the DEA.
While many see rescheduling as a step forward, it still falls short of where cannabis should be, as industry consensus shows that full scheduling and regulation akin to alcohol or tobacco would be the optimal outcome. Cannabis advocates argue that Biden's promise for reform necessitates broader action beyond rescheduling, emphasizing the need for fair and scientific consideration in policymaking.
