A cannabis leaf and judge’s gavel
In a milestone move, the Drug Enforcement Administration is calling for cannabis to be reclassified under federal law, according to an Associated Press news report.
The DEA’s decision comes eight months after the U.S. Department of Health and Human Services recommended the change.
In October 2022, President Biden requested federal agencies review reschedule cannabis. This marked the first time that a U.S. president called to reschedule cannabis.
Currently, cannabis is categorized as a Schedule I substance, meaning it is criminally prohibited by federal law and has a “high potential for abuse.” Rescheduling cannabis as a Schedule III substance means it is legal to posses in licensed pharmacies under a doctor’s prescription. Examples of Schedule III drugs are anabolic steroids and ketamine.
Although Paul Armentano, deputy director of NORML, a Washington, D.C.-based nonprofit that advocates for marijuana laws reform, was positive about the DEA and FDA acknowledging cannabis’ medicinal use and effectiveness for many Americans, he did caution that reclassifying the substance as a Schedule III would not solve the problem of federal prohibition.
“Just as it is intellectually dishonest and impractical to categorize cannabis in the same placement as heroin, it is equally disingenuous and unfeasible to treat cannabis in the same manner as anabolic steroids and ketamine,” he said in a statement. “The majority of Americans believe that cannabis ought to be legal and that its health risks are less significant than those associated with federally descheduled substances like alcohol and tobacco.”
In short, Armentano recommended that “the cannabis plant should be removed from the Controlled Substances Act altogether, thereby providing state governments — rather than the federal government — the ability to regulate marijuana in the manner they see fit without violating federal law, and allowing the federal government to provide standards and guidelines for regulated cannabis markets.”
The AP news report also noted that the DEA’s determination must be reviewed by the White House Office of Management and Budget.
Understandably, leaders in the cannabis community are expressing jubilation over what could be a monumental shift in government policy if the rescheduling indeed takes effect.
“The reclassification of cannabis from Schedule I to Schedule III reflects a growing recognition of the nuanced nature of cannabis and its potential medical applications,” said Sarah Carter, communications director at Symple Seeds, a cannabis seeds supplier. “As a company deeply invested in providing comprehensive seed solutions, we view this development as a positive step toward removing unnecessary barriers surrounding cannabis, paving the way for more stable, inclusive and sustainable industry practices.”
Her positive sentiments were roundly echoed by Michael Bologna, CEO of Dip Devices, a manufacturer of vape devices. “This shift is a moral imperative more than a long-overdue legal response to what has occurred at the state level for cannabis regulation,” he said. “…[This is] a crucial step toward dismantling the harmful legacy of the war on drugs and creating a more just and compassionate society has been taken. However, it must be followed by a full descheduling with accompanying prisoner release, and expungement plans to more equitably address the issues of cannabis restriction.”
Sarah Gersten, executive director of the Last Prisoner Project, a cannabis reform nonprofit, concurred, adding that “complete descheduling and full legalization of cannabis is a necessary step towards correcting past injustices and creating a fair and equitable criminal legal system. We will continue to work tirelessly to ensure that individuals burdened with past cannabis convictions have their records expunged and that all cannabis prisoners are released, regardless of the federal scheduling decision.”
