The U.S. Drug Enforcement Administration (DEA) is set to make a historic shift in American drug policy by reclassifying marijuana as a less dangerous drug.
This move, which still requires review by the White House Office of Management and Budget (OMB), would acknowledge the medical uses of cannabis and recognize its lower potential for abuse compared to some of the nation’s most dangerous drugs.
However, it would not legalize marijuana outright for recreational use.
Once the OMB approves the proposal, the DEA will open the plan to public comment, moving marijuana from its current classification as a Schedule I drug, alongside heroin and LSD, to Schedule III, which includes ketamine and some anabolic steroids.
This follows a recommendation from the federal Health and Human Services Department. After the public comment period and a review by an administrative judge, the agency will publish the final rule.
The move comes after President Joe Biden called for a review of federal marijuana law in October 2022 and pardoned thousands of Americans convicted federally of simple possession of the drug.
Biden has also urged governors and local leaders to take similar steps to erase marijuana convictions, stating, “Criminal records for marijuana use and possession have imposed needless barriers to employment, housing, and educational opportunities. Too many lives have been upended because of our failed approach to marijuana. It’s time that we right these wrongs.”
Critics said the announcement, made during an election year, is meant to boost support for the unpopular Biden, particularly among younger voters.
A growing number of lawmakers from both major political parties have been pushing for the DEA decision as marijuana has become increasingly decriminalized and accepted, with a Gallup poll last fall finding that 70% of adults support legalization.
While some critics argue that rescheduling marijuana could lead to harmful side effects, others believe it should be treated similarly to alcohol. Last week, 21 Democrats led by Senate Majority Leader Sen. Chuck Schumer sent a letter to DEA Administrator Anne Milgram and Attorney General Merrick Garland, arguing that marijuana should be dropped from the controlled-substances list and regulated like alcohol.
Federal drug policy has lagged behind many states in recent years, with 38 having already legalized medical marijuana and 24 legalizing its recreational use. This has fueled fast growth in the marijuana industry, estimated to be worth nearly $30 billion. Easing federal regulations could reduce the tax burden on businesses and make it easier to conduct authorized clinical studies on marijuana.
The immediate effect of rescheduling on the nation’s criminal justice system would likely be more muted, as federal prosecutions for simple possession have been fairly rare in recent years. However, loosening restrictions could carry unintended consequences in the drug war and beyond, such as requiring cannabis dispensaries to register with the DEA and fulfill strict reporting requirements.
Additionally, the United States’ international treaty obligations, such as the 1961 Single Convention on Narcotic Drugs, require the criminalization of cannabis. In 2016, during the Obama administration, the DEA cited these obligations and the findings of a federal court of appeals in Washington in denying a similar request to reschedule marijuana.