Federal Government Proposes Reclassifying Marijuana as Less Dangerous Schedule III Drug in Historic Policy Shift
by Jo Ellen Nott
In a significant decision on May 16, 2024, the Justice Department of the Biden Administration proposed to reschedule marijuana from Schedule I to Schedule III. This history-making shift, though not legalization, acknowledges the drug’s medicinal value and lower abuse potential.
The proposed rule, endorsed by Attorney General Merrick Garland, recognizes cannabis’ medical benefits and reduced potential for abuse compared to more dangerous substances like heroin and LSD, which are currently Schedule I drugs, as is marijuana. The Drug Enforcement Administration (“DEA”) opened the proposal for comment in the Federal Register with its obligatory 60-day comment period. The rule must undergo a lengthy approval process before it takes effect.
The move follows a recommendation from the Health and Human Services Department (“HHS”), prompted by President Joe Biden in 2022. Biden has also taken steps to pardon thousands convicted federally for simple marijuana possession and encouraged state and local leaders to do the same. He called the reclassification a monumental step toward addressing the inequities caused by decades-old drug policies, which have disproportionately impacted many lives.
The proposed change from Schedule I is part of a broader push by Biden and bipartisan lawmakers to align federal drug policy with the growing decriminalization of marijuana across the country. Thirty-eight states have legalized medical marijuana, and 24 have legalized recreational use.
Critics of the proposed change argue that the rescheduling does not go far enough, asking for marijuana to be treated like alcohol and tobacco, and not be classified as a Schedule drug under the Controlled Substances Act at all. Some experts have argued that cigarettes and alcohol, which are not in any of the five categories of controlled substances, should be included in Schedule I because of their demonstrated high risk of abuse and addiction.
There are no recorded instances of death from marijuana overdose, according to the DEA Drug Fact Sheet on marijuana. The National Vital Statistics System reported 103,739 drug overdose deaths for the 12-month period that ended December 2023. Many of the drugs that caused those deaths are on a lower controlled Schedule than marijuana.
Senate Majority Leader Chuck Schumer praised the reclassification and called for steps toward full legalization. The U.S. Cannabis Council also welcomed the move, highlighting its potential to shift away from failed drug policies of the past five decades. According to the Justice Department, data reviewed by HHS indicate that while marijuana has a high prevalence of abuse, its risks are more comparable to other Schedule III substances such as anabolic steroids, testosterone, and ketamine.
Despite the supportive stance from HHS, the DEA has yet to finalize its position on marijuana’s reclassification, anticipating further input during the rulemaking process. Opponents, including Dr. Kevin Sabet of Smart Approaches to Marijuana, caution that insufficient data support the change and accuses the decision of being politically driven.
The immediate impact on the criminal justice system is expected to be limited, as federal prosecutions for simple possession have become rare. Schedule III drugs remain controlled substances, and unauthorized trafficking can still result in federal charges.
Reclassifying marijuana to Schedule III will boost the rapidly growing legal marijuana industry (estimated at over $30 billion annually) by easing tax burdens. Another benefit will be increased research and information on cannabis as restrictions on clinical studies are loosened. It is time-consuming and bureaucratically challenging to conduct authorized clinical studies on Schedule I substances.
The proposed reschedule is a step in the right direction towards a much-needed and more science-based approach to national drug policy.
Sources: AP News, Center for Disease Control, Drug Enforcement Agency, The New York Times
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