DOJ plans to reschedule Marijuana
DOJ Plans to Reschedule Marijuana to Lower-Risk Drug
The Biden administration is set to make a historic move by reclassifying marijuana as a lower-risk substance, according to a person familiar with the plans, as reported by CNN. This acknowledges the medical benefits of the long-criminalized drug and has broad implications for cannabis-related research and the industry.
The US Department of Justice is expected to recommend rescheduling marijuana as a Schedule III controlled substance, which is shared by prescription drugs like ketamine and Tylenol with codeine.
An administration official stated, “The DOJ continues to work on this rule. We have no further comment at this time.”
Attorney General Merrick Garland plans to submit a draft rule to the White House Office of Management and Budget soon. The standard rulemaking process involves a public comment period and could take months to complete.
For over 50 years, marijuana has been categorized as a Schedule I substance, along with drugs like heroin and ecstasy, considered to have no accepted medical use and a high potential for abuse.
The recommendation comes after a thorough review by the US Food and Drug Administration (FDA) at the direction of President Biden, who supported the reclassification to Schedule III in 2022.
Last fall, members of the FDA’s Controlled Substance Staff recommended rescheduling marijuana because it meets three criteria: lower potential for abuse, accepted medical use, and low or moderate physical dependence in people who abuse it. The National Institute on Drug Abuse concurred with the recommendation.
Twenty-four states, two territories, and DC have legalized cannabis for adult recreational use, and 38 states allow medical use. Since the first legal sale in 2014, cannabis has become a multibillion-dollar industry attracting attention from multinational companies.
Rescheduling marijuana could open avenues for research, ease punitive criminal consequences, allow cannabis businesses to bank more freely, and change tax regulations.
However, federal-state conflicts won’t be solved. Recreational marijuana would still be illegal under federal law, and enforcement could continue regardless of state legality.
States with medical marijuana programs currently have federal protections, which won’t be affected by Schedule III status.
The 2018 Farm Bill removed hemp and hemp-derived cannabidiol from the Controlled Substances Act, but the FDA’s evaluation didn’t cover CBD products.
