The United States DEA Moves To Reclassify Cannabis

THE PRESS CLUB DEA RECLASSIFIES CANNABIS SCHEDULE 3

Todde Philips

🇺🇸 Retired veteran, father, rock-climbing expert & rosin connoisseur.

At long last, the United States Federal Government is changing its tune on cannabis! For decades, the DEA has waged a futile “war on drugs”, with cannabis as the standout target. As a Schedule 1 drug, cannabis was grouped with heroin as a drug with no currently accepted medical use and a high potential for abuse. With the wave of scientific studies over the last two decades that have demonstrated the medicinal value of cannabis, this classification of cannabis as a Schedule 1 drug didn’t have legs to stand on. But, politics are often more potent than science in determining policy and legislation. 

The move to reclassify cannabis is a monumental, historic moment in the United States, and for the cannabis industry especially. Let’s look at some of the specific mechanics of this change, and what we can expect moving forward. 

The DEA initiated this proposal, which still needs to be reviewed by the White House Office of Management and Budget. If approved, this would endorse the medical uses of cannabis and acknowledge it has less potential for abuse than the most dangerous drugs. That said, it would not legalize marijuana outright for recreational use.

This push would move cannabis to the Schedule 3 classification, alongside ketamine and some anabolic steroids.

There’s still more work to be done. 

Previously in October of 2022, President Joe Biden called for a review of federal marijuana law. At the same time, he moved to pardon thousands of Americans convicted federally of possession of the drug. He has also spoken to governors and local leaders to take similar steps to nullify marijuana convictions.

THE PRESS CLUB DEA RECLASSIFIES CANNABIS SCHEDULE 3

Biden’s actions seem to have created the ripple effects that led to where we are today. 

Biden said this in December: “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.”

What will be the immediate effect of rescheduling on the nation’s criminal justice system? Although federal prosecutions for simple possession have been fairly rare in recent years, loosening restrictions could usher in unintended consequences in the drug war and beyond.

THE PRESS CLUB DEA RECLASSIFIES CANNABIS SCHEDULE 3

As a Schedule III drug, cannabis would remain regulated by the DEA, which means that the roughly 15,000 dispensaries in the U.S. would have to register with the DEA. Similar to regular pharmacies, these dispensaries would be held to strict reporting requirements, creating even more inefficiencies and bureaucracies in the space.

Another interesting wrinkle in the story is this: The 1961 Single Convention on Narcotic Drugs requires the criminalization of cannabis. In 2016, during the Obama administration, the DEA cited the U.S.’ international obligations and the findings of a federal court of appeals in Washington to deny a previous request to reclassify cannabis. Will this be an obstacle in the future?

Conclusion

This is surely an occasion to celebrate, but it’s also a time to pause and reflect on the damage the failed policy of the war on drugs has wrought to the lives of thousands of individuals and families over the decades. How can we right these wrongs as a nation? What will the federal government do to rectify the decades of damage that have already been done? 

As we look forward to the growth of the cannabis industry and overall social acceptance of this medicine, this reclassification is going to unlock massive new opportunities. What will we make of it?

Let us know what you think in the comments!


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