Janice R. Andrews
The Biden administration has made history by deciding to reschedule marijuana as a lower-risk drug, recognising the drug’s medical benefits despite its lengthy history of criminalization. This breakthrough has wide-ranging effects for public policy, industry laws, and research pertaining to cannabis.
It has been suggested by the US Department of Justice (DOJ) that marijuana be moved from its current Schedule I status to Schedule III status. According to this classification, it is categorised with prescription medications such as ketamine and Tylenol with codeine. The proposal was made public by the DOJ’s director of public affairs, Xochitl Hinojosa. It will start the official rulemaking procedure described in the Controlled Substances Act.
The proposal comes after a thorough investigation by the US Department of Health and Human Services, which included an evaluation conducted by the US Food and Drug Administration (FDA) on President Joe Biden’s instruction. Three factors—lower potential for abuse compared to Schedule I and II substances, acknowledged medicinal use in the US, and low to moderate risk of physical dependence among users—were stated by the FDA’s Controlled Substance Staff last autumn as reasons in favour of rescheduling. This recommendation received support from the National Institute on Drug Abuse.
Although marijuana has been categorised as a Schedule I drug by the federal government for more than 50 years, its popularity for medical use has increased dramatically. Cannabis has been legalised for recreational use in 24 states, two territories, and Washington, DC; it is also permitted for medical use in 38 states. These changes in state policies towards cannabis are reflected in the decision to reschedule. This change reflects the general consensus, with a record 70% of Americans favouring the legalisation of cannabis, according to Gallup.
Since Colorado legalised marijuana for recreational use for the first time in 2014, the market has grown at an exponential rate, becoming a multibillion dollar economy that draws investment from a variety of sectors. Based on predictions from MJBiz, state-licensed dispensaries and retail stores are expected to bring in $32.1 billion this year.
Rescheduling marijuana does not end federal-state disputes, even though it may make research easier, lessen criminal penalties, and assist cannabis companies financially. The CRS emphasised that marijuana use for recreational purposes is still prohibited by federal law, which means that users may still face enforcement actions even in states where it is allowed.
The Coalition for Cannabis Policy, Education, and Regulation’s executive director, Andrew Freedman, underlined the decision’s symbolic importance and pointed out how uncommon it is for the federal government to change its position on a matter of such historical significance.
Federal protections are now available to states that have medical marijuana programmes; however, rescheduling won’t affect these benefits. Furthermore, the 2018 Farm Bill further expanded the legal landscape for cannabis products by removing hemp and CBD generated from hemp from the Controlled Substances Act’s regulatory oversight.
The Justice Department’s proposal to reschedule marijuana is a major step towards reforming cannabis laws. Even though it’s a step in the right direction, there are still issues to resolve with regard to federal-state differences and guaranteeing fair access to cannabis-related possibilities. Stakeholders will be intently watching developments that will shape the cannabis industry’s future and the effects it will have on society as the formal regulatory process moves forward.
