DOJ Redefines Marijuana as a Less Harmful Substance

The Department of Justice officially moved to reclassify marijuana as a less dangerous drug on Thursday, marking a significant shift in U.S. drug policy.

The proposed rule, sent to the federal register, acknowledges the medical benefits of cannabis and recognizes that it has a lower potential for abuse compared to some of the most dangerous drugs in the country. However, it does not legalize marijuana for recreational use.

The Drug Enforcement Administration (DEA) will now open the proposal for public comment, starting a potentially lengthy process. If approved, marijuana will no longer be classified as a Schedule I drug alongside heroin and LSD, but will be reclassified as a Schedule III substance, joining the likes of ketamine and some anabolic steroids.

This decision follows a recommendation from the Department of Health and Human Services (HHS), which conducted a review of marijuana’s status at the request of President Joe Biden in 2022.

In addition to this move, Biden has pardoned numerous individuals federally convicted of simple marijuana possession and has urged governors and local leaders to expunge similar convictions.

Biden hailed the decision as a monumental step towards correcting past injustices, stating, “Far too many lives have been negatively impacted by the outdated approach to marijuana, and I am committed to righting those wrongs.”

The announcement, made in an election year, could help boost Biden’s support, particularly among younger voters.

The proposal submitted to the federal register initiates a 60-day comment period, followed by a potential review by an administrative judge, which may prolong the process.

Both Biden and lawmakers from both major parties have been advocating for the DEA’s decision as marijuana laws have become more lenient, especially among younger demographics.

The U.S. Cannabis Council applauded the proposed change, stating it signifies a significant departure from failed policies of the past half-century.

Although the available data reviewed by HHS indicates a high prevalence of abuse associated with marijuana, it is more aligned with Schedule III substances, according to the proposed rule.

While the HHS recommendations are binding until the draft rule is submitted, Garland concurred for the purpose of initiating the process.

However, the DEA has yet to finalize its own determination on the scheduling of marijuana and anticipates further insights during the rulemaking process, as stated in the document.

Dr. Kevin Sabet, a former White House drug policy adviser now with Smart Approaches to Marijuana, expressed skepticism about moving marijuana to Schedule III due to inadequate scientific data supporting the decision.

Schedule III drugs remain controlled substances subject to regulations, and trafficking in them without permission can lead to federal criminal prosecution.

While some critics argue against rescheduling marijuana, citing potential negative effects, others believe rescheduling is insufficient and advocate for treating marijuana like alcohol instead.

Recent years have seen federal drug policy lag behind that of many states, with a majority legalizing medical marijuana and some approving recreational use. This has fueled rapid growth in the marijuana industry, now estimated at nearly $30 billion.

Relaxing federal regulations could alleviate the heavy tax burden on marijuana businesses, which can exceed 70%. It may also facilitate research on marijuana, as conducting authorized clinical studies on Schedule I substances is challenging.