Recommendation to Reclassify Marijuana: A Shift in Federal Policy

Marijuana may no longer be considered one of the most risky and tightly controlled drugs, according to a recommendation by Attorney General Merrick Garland to loosen restrictions on cannabis.
Garland is advocating for the reclassification of marijuana from its heavily criticized status as a Schedule I substance. This change would not legalize or decriminalize cannabis but would reduce barriers to research and benefit legal businesses.
If enacted, this move would signify a historic shift in federal policy toward a drug that a majority of Americans can now legally purchase in their states. However, the implications of rescheduling remain unclear, and cannabis advocates argue that it would not end the War on Drugs or eliminate regulatory challenges.

What is a Controlled Substance?
The Controlled Substances Act regulates drugs and categorizes them into one of five “schedules,” based on their medical benefits and potential for abuse. These schedules guide the level of access to the drug for doctors, pharmacists, and patients, rather than ranking how harmful the drugs are for users or society.

Schedule I vs. Schedule III
Schedule I drugs, including heroin and LSD, are deemed by the federal government to have no accepted medical use and a high potential for abuse. Federal law prohibits the cultivation and possession of Schedule I drugs, except for approved research studies.
Schedule III substances, such as anabolic steroids, ketamine, and testosterone, are considered to have medical use and a moderate to low potential for physical and psychological dependence.
The grouping of marijuana with heroin has long been controversial. This classification does not imply that the federal government views these drugs as equally dangerous but rather that they should both be tightly controlled. For example, opioid painkillers, which are deadlier and more addictive, are in less restrictive categories due to their established therapeutic uses in mainstream medicine.

What Would Descheduling Marijuana Mean?


Cannabis advocates and some members of Congress view the reclassification of marijuana as a positive step but believe it does not go far enough. They argue that marijuana should be de-scheduled entirely and no longer classified as a controlled substance, similar to alcohol and tobacco. This would formally give states the authority to regulate marijuana markets as they see fit. Senate Majority Leader Charles E. Schumer and other Democrats are pushing for legislation to remove marijuana from the controlled substances list.

When Would Marijuana Be Rescheduled?
The proposal must be reviewed by the White House’s Office of Management and Budget. If accepted, it would be formally published and opened to public comment before going into effect. Legal challenges could delay the change, and political shifts, such as the potential return of Donald Trump to the White House, could complicate the process further.

Would Marijuana Still Be Illegal?
Marijuana remains illegal at the federal level regardless of its classification. Rescheduling alone would not change the penalties for major federal marijuana cases. While possession of Schedule I substances is a federal crime, few people are imprisoned solely for possessing marijuana, as most prosecutions occur at the state level.

Impact on the Marijuana Industry
Reclassifying marijuana would benefit cannabis companies, which currently face challenges such as falling prices, competition from the illicit market, and high taxes. Under Internal Revenue Code Section 280E, businesses selling Schedule I substances cannot deduct business expenses, resulting in higher tax rates. Reclassification would make these companies eligible for tax breaks, potentially boosting profitability.

However, some marijuana organizations fear the FDA might prohibit recreational marijuana and impose stringent requirements on therapeutic products, which could favor large pharmaceutical companies. Other experts believe the FDA is unlikely to take a strict approach after years of a largely hands-off policy.


Implications for Research
Removing marijuana’s Schedule I status would ease some restrictions on studying the drug, though barriers would remain. Currently, researchers must register with the DEA and meet stringent requirements for drug storage, which some find burdensome and costly.

Despite these restrictions, much research on marijuana is conducted without handling the drug directly, such as observational studies. Researchers emphasize the importance of studying marijuana as it is sold and marketed, particularly edibles, vape cartridges, and highly concentrated forms. This would still be challenging under Schedule III, as the drug would continue to be treated as a therapeutic product rather than a popular recreational item.

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