DEA Plans to Reclassify Marijuana as Less Dangerous Drug, Allowing Medical Use

The U.S. Drug Enforcement Administration is making a historic shift in American drug policy by proposing the reclassification of marijuana as a less dangerous drug. This move could potentially have wide-ranging effects across the country.

The DEA's proposal acknowledges the medical uses of cannabis and recognizes that it has less potential for abuse than some of the nation's most dangerous drugs, without legalizing marijuana outright for recreational use.

Regulatory Hurdles and Policy Change

The agency's proposal, still pending review by the White House Office of Management and Budget, represents the last significant regulatory hurdle before the agency's policy change can take effect. Once approved, the DEA will open a public comment period on the plan to move marijuana from its current Schedule I classification to Schedule III, alongside ketamine and some anabolic steroids, as recommended by the federal Health and Human Services Department.

Political Context and Support

President Joe Biden's call for a review of federal marijuana law in October 2022, along with his efforts to pardon thousands of Americans convicted federally of simple possession of the drug, has set the stage for this significant policy shift. Biden's support for addressing the impact of marijuana convictions on employment, housing, and educational opportunities underscores the potential impact of the DEA's proposal.

Impact and Implications of the DEA's Move

The proposed reclassification of marijuana to Schedule III would still subject it to regulations as a controlled substance, with federal criminal prosecution for unauthorized trafficking remaining a possibility. This has sparked debates regarding the necessity and potential side effects of rescheduling marijuana.

Discrepancies in State and Federal Law

While many states have already legalized medical and recreational marijuana, federal drug policy has been slower to adapt. The growing marijuana industry, estimated to be worth nearly $30 billion, could benefit from reduced federal regulations, potentially alleviating the significant tax burden and facilitating authorized research on marijuana.

Criminal Justice and Public Health Impact

The immediate effect of the proposed reclassification on the criminal justice system is expected to be limited, as federal prosecutions for simple possession have been infrequent in recent years. President Biden's pardons for individuals convicted of possessing marijuana under federal law have already mitigated some of the consequences.