DEA to reclassify marijuana under the Controlled Substances Act

In a landmark decision poised to reshape the landscape of federal drug policy, the Drug Enforcement Administration (DEA) is set to reclassify marijuana, marking a significant departure from decades of entrenched regulation.

Multiple sources familiar with the matter have confirmed that the move, expected to be officially announced after White House approval, will recognize the medical benefits of cannabis and acknowledge its potential for therapeutic use.

Attorney General Merrick Garland, backed by scientific recommendations from the Department of Health and Human Services, is slated to submit a proposal to the White House Office of Management and Budget imminently. If approved, this reclassification would represent the first revision of marijuana’s scheduling under the Controlled Substances Act since its inception over 50 years ago.

Under current regulations, marijuana is grouped in Schedule I, alongside substances like heroin and LSD, categorizing it as having no accepted medical use and a high potential for abuse. The proposed shift would relocate marijuana to Schedule III, placing it in the company of prescription drugs such as ketamine, anabolic steroids, and testosterone.

The implications of this reclassification are multifaceted. On the medical front, it opens avenues for rigorous scientific research into marijuana’s therapeutic properties, potentially paving the way for expanded pharmaceutical development and increased access to medical cannabis in states where it is legal. Additionally, the move is anticipated to alleviate tax burdens for legal cannabis businesses, notably by eliminating prohibitive IRS regulations that currently hinder their financial operations.

Moreover, the DEA’s decision could have a ripple effect on the illicit marijuana market, offering an opportunity to undercut black market activities that persist despite legalization efforts in several states. By legitimizing and regulating the cannabis industry, proponents argue, the move could enhance public safety and mitigate associated criminal activities.

The path to this momentous decision has been years in the making, propelled by evolving societal attitudes and mounting bipartisan support for marijuana reform. President Joe Biden’s directive to review federal marijuana laws in 2022 signaled a pivotal shift from previous administrations’ stances.

“With nearly 60% of Americans supporting legalization for medical and recreational purposes, according to recent polls, the political landscape surrounding cannabis has shifted dramatically,” said New Jersey Democrat Lisa McCormick, who celebrated the news. “Nobody should be in jail for possessing or growing marijuana.”

President Joe Biden, justice advocate Lisa McCormick, and the slow-going Attorney General Merrick
President Joe Biden, marijuana justice advocate Lisa McCormick, and US Attorney General’ Merrick Garland

“I am heartened by the Biden administration’s commitment to sensible drug policy,” said McCormick. “For too long, our nation has pursued punitive measures that have disproportionately harmed marginalized communities, perpetuated systemic injustices, and lied about efforts to reform the law.”

“After voters overwhelmingly voted to legalize marijuana in New Jersey, Governor Phil Murphy signed a law imposing severe penalties for possession, perpetuating the unjust criminalization of cannabis,” said McCormick. “It is imperative that we redirect our resources toward restorative justice initiatives and reinvest tax revenue from marijuana sales into communities disproportionately affected by the War on Drugs.”

Despite these advancements, challenges remain on the horizon. Public scrutiny and potential legal challenges during the rule-making process underscore the complexity of cannabis policy reform.

Furthermore, while federal rescheduling represents a significant stride, disparities persist at the state level, necessitating comprehensive legislative measures to address issues of criminal justice reform and equity.

As the DEA’s proposal progresses through the administrative and legislative channels, stakeholders across the spectrum await its ramifications with anticipation and trepidation. The impending decision holds the potential to redefine the nation’s approach to marijuana, shaping public health, criminal justice, and economic landscapes for years to come.


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