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.