Christian Smith
(NEXSTAR) – The Department of Justice took an important step this week, formally moving to reclassify marijuana as a less dangerous drug. The process is not yet finalized, but if approved, the plan would reduce marijuana from a Schedule I drug to a Schedule III.
O Drug Enforcement Administration (DEA) classifies substances into five categories, indicated with Roman numerals, based on how likely they are to be abused. Schedule I medications are those with the greatest potential to create addiction problems and are considered to have “no currently accepted medical use.”
As it stands, marijuana is a Schedule I drug, along with heroin, LSD, and ecstasy. The new rule under consideration would move down two levels to Schedule III, below Schedule II drugs such as cocaine, methamphetamine, fentanyl, oxycodone and others.
Other Schedule III medications include ketamine, testosterone, and Tylenol with codeine. Schedule IV medications, such as Xanax, Valium, and Ambien, are considered even less risky, as are Schedule V medications, such as cough medicine and various prescription medications.
What would change if marijuana was officially reclassified?
Reschedule does not decriminalize marijuana or make it legal for recreational use at the federal level.
Even if marijuana is rescheduled, it would still be a controlled substance subject to federal rules and regulations.
Instead, the change would recognize the medical uses of cannabis and acknowledge that it has less potential for abuse than some of the country’s most dangerous drugs. Becoming a Schedule III drug would also make marijuana research easier.
It would also potentially reduce the federal taxes companies pay. Under the federal tax code, companies involved in “trafficking” marijuana or any other Schedule I or II drug cannot deduct rent, payroll or various other expenses that other companies can write off. (Yes, at least some cannabis companies, especially state-licensed ones, pay taxes to the federal government despite marijuana prohibition.) Industry groups say the tax rate often ends up at 70% or more.
In parallel with the push for reclassification, President Joe Biden also moved to forgive thousands of people federally convicted of simple marijuana possession and called on governors and local leaders to take similar steps to expunge the convictions.
“This is monumental,” Biden said in a video statement, calling it an important step toward reversing long-standing inequities. “Too many lives have been destroyed because of a failed approach to marijuana, and I am committed to righting those wrongs. You have my word.”
But the immediate effect of the rescheduling on the country’s criminal justice system is expected to be mitigated. Federal prosecutions for simple possession have been quite rare in recent years.
Schedule III drugs are still controlled substances and subject to rules and regulations, and people who traffic them without permission can still face federal criminal charges.
Across the country, 38 states have legalized medical marijuana, while 24 have approved it for recreational use.
What happens next?
The process of reclassifying a substance is time-consuming and there are still more obstacles to overcome. The plan was approved by Attorney General Merrick Garland and goes to the DEA, which will comment publicly on the proposal. After the 60-day comment period, there will be a review by an administrative law judge.
The change began with a recommendation from the federal Department of Health and Human Services, which launched a review of medication status at the request of President Biden in 2022.
But the DEA has not yet formed its own determination on where marijuana should be stored and hopes to learn more during the rulemaking process.
The Associated Press contributed to this report.
