01 May 2024

US poised to ease restrictions on marijuana in historic shift, but it’ll remain controlled substance

The states where recreational weed is legal are Alaska, Arizona, California, Colorado, Connecticut, Delaware, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Missouri, Montana, Nevada, New Jersey, New Mexico, New York, Ohio, Oregon, Rhode Island, Vermont, Virginia, and Washington.

The U.S. Drug Enforcement Administration will move to reclassify marijuana as a less dangerous drug, a historic shift to generations of American drug policy that could have wide ripple effects across the country.
US poised to ease restrictions on marijuana in historic shift, but it’ll remain controlled substance



Critics point out that as a Schedule III drug, marijuana would remain regulated by the DEA. That means the roughly 15,000 cannabis dispensaries in the U.S. would have to register with the DEA like regular pharmacies and fulfill strict reporting requirements, something that they are loath to do and that the DEA is ill equipped to handle.
Then there’s the United States’ international treaty obligations, chief among them the 1961 Single Convention on Narcotic Drugs, which 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 in denying a similar request to reschedule marijuana.

WASHINGTON (AP) — The U.S. Drug Enforcement Administration will move to reclassify marijuana as a less dangerous drug, The Associated Press has learned, a historic shift to generations of American drug policy that could have wide ripple effects across the country.

The proposal, which still must be reviewed by the White House Office of Management and Budget, would recognize the medical uses of cannabis and acknowledge it has less potential for abuse than some of the nation’s most dangerous drugs. However, it would not legalize marijuana outright for recreational use.

The agency’s move, confirmed to the AP on Tuesday by five people familiar with the matter who spoke on the condition of anonymity to discuss the sensitive regulatory review, clears the last significant regulatory hurdle before the agency’s biggest policy change in more than 50 years can take effect.
  • Once OMB signs off, the DEA will take public comment on the plan to move marijuana from its current classification as a Schedule I drug, alongside heroin and LSD. \
  • It moves pot to Schedule III, alongside ketamine and some anabolic steroids, following a recommendation from the federal Health and Human Services Department. 
  • After the public comment period and a review by an administrative judge, the agency would eventually publish the final rule.

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“Today, the Attorney General circulated a proposal to reclassify marijuana from Schedule I to Schedule III,” Justice Department director of public affairs Xochitl Hinojosa said in a statement. The DEA is a component of the Department of Justice. “Once published by the Federal Register, it will initiate a formal rulemaking process as prescribed by Congress in the Controlled Substances Act.”

Attorney General Merrick Garland’s signature throws the full weight of the Justice Department behind the move and appears to signal its importance to the Biden administration.
It comes after President Joe Biden called for a review of federal marijuana law in October 2022 and moved to pardon thousands of Americans convicted federally of simple possession of the drug. He has also called on governors and local leaders to take similar steps to erase marijuana convictions. //
The election year announcement could help Biden, a Democrat, boost flagging support, particularly among younger voters.
Biden and a growing number of lawmakers from both major political parties have been pushing for the DEA decision as marijuana has become increasingly decriminalized and accepted, particularly by younger people. A Gallup poll last fall found 70% of adults support legalization, the highest level yet recorded by the polling firm and more than double the roughly 30% who backed it in 2000.
The DEA didn’t respond to repeated requests for comment.
  • Schedule III drugs are still controlled substances and subject to rules and regulations, and people who traffic in them without permission could still face federal criminal prosecution.
Some critics argue the DEA shouldn’t change course on marijuana, saying rescheduling isn’t necessary and could lead to harmful side effects.
Jack Riley, a former deputy administrator of the DEA, said he had concerns about the proposed change because he thinks marijuana remains a possible “gateway drug,” one that may lead to the use of other drugs.
“But in terms of us getting clear to use our resources to combat other major drugs, that’s a positive,” Riley said, noting that fentanyl alone accounts for more than 100,000 deaths in the U.S. a year.
On the other end of the spectrum, others argue marijuana should be treated the way alcohol is.

“While this rescheduling announcement is a historic step forward, I remain strongly committed to continuing to work on legislation like the SAFER Banking Act as well as the Cannabis Administration and Opportunity Act, which federally deschedules cannabis by removing it from the Controlled Substances Act,” Senate Majority Leader Sen. Chuck Schumer of New York said in a statement. “Congress must do everything we can to end the federal prohibition on cannabis and address longstanding harms caused by the War on Drugs.”

Federal drug policy has lagged behind many states in recent years, with 38 having already legalized medical marijuana and 24 legalizing its recreational use.
That’s helped fuel fast growth in the marijuana industry, with an estimated worth of nearly $30 billion. Easing federal regulations could reduce the tax burden that can be 70% or more for businesses, according to industry groups. It could also make it easier to research marijuana, since it’s very difficult to conduct authorized clinical studies on Schedule I substances. . ."
DEA's 5-Factor Test Makes Rescheduling Cannabis Impossible - Cannabis  Business Times

Biden gives cannabis industry a badly needed win

Illustration of the United States seal holding a marijuana leaf instead of an olive branch.

Illustration: Maura Losch/Axios

The U.S. Drug Enforcement Agency is recommending that cannabis be reclassified as a Schedule III drug, which would codify that it has medicinal value and is less dangerous than its current Schedule I designation, Axios has confirmed.
Why it matters: The U.S. cannabis industry needed a win, just days after one of its best-known companies, MedMen, filed for bankruptcy protection.

DEA Recommends Reclassifying Marijuana as Less Dangerous Schedule III Drug  - Bloomberg

US Agency Recommends Reclassifying Marijuana as Less Dangerous Drug

Several steps, and debate, remain before move becomes final
Easing restrictions on pot could help Biden with young voters

Pot Stocks Surge on Report DEA Set to Reclassify Marijuana

Pot Stocks Surge on Report of Marijuana Being Reclassified (TLRY, CGC) -  Bloomberg

DEA PLANS TO RECLASSIFY MARIJUANA: UNDERSTANDING THE IMPACT

DEA Plans to Reclassify Marijuana: Understanding the Impact - RVA Mag

by  | Apr 30, 2024 | CANNABIS CULTURECOMMUNITY NEWSPOLITICS

In a groundbreaking shift that could redefine the landscape of American drug policy, the U.S. Drug Enforcement Administration (DEA) is considering a significant adjustment to the classification of marijuana.
This initiative, revealed by sources to The Associated Press, involves moving marijuana from Schedule I — a category reserved for the most dangerous drugs like heroin and LSD — to Schedule III, which includes substances like ketamine and some anabolic steroids.

This historic move, pending review by the White House Office of Management and Budget, signals a monumental shift in perception towards cannabis, recognizing its medical benefits and lower abuse potential compared to more hazardous substances.

Pros of Reclassifying Marijuana

  1. Medical Recognition and Reduced Stigma: Reclassifying marijuana reflects an acknowledgment of its medicinal properties and paves the way for broader acceptance and reduced societal stigma. This could dramatically change public perception and enhance its legitimacy as a medical treatment option.
  2. Economic Growth: The change is expected to boost the already flourishing cannabis industry, which boasts an estimated value of nearly $30 billion. By easing some of the draconian regulations tied to Schedule I substances, the industry could see reduced tax burdens and increased profitability.
  3. Enhanced Research Opportunities: Transitioning to a lower schedule makes it easier for researchers to conduct studies on marijuana. Current restrictions heavily limit research on Schedule I drugs, so this change could lead to new discoveries about the drug’s benefits and risks.
  4. Political and Public Momentum: This move mirrors growing public support for marijuana legalization, as evidenced by recent polls. Politically, it could provide a boost to lawmakers who advocate for reform, reflecting the will of the electorate and potentially garnering support among younger voters.

Cons of Reclassifying Marijuana

  1. Regulatory and Compliance Challenges: Although reclassification to Schedule III reduces some regulatory burdens, it imposes others, such as requiring dispensaries to register with the DEA and adhere to strict oversight, which could prove cumbersome for both regulators and the industry.
  2. Gateway Drug Concerns: Critics, including former DEA officials, warn that marijuana could still serve as a gateway to more dangerous substances, arguing that the risks associated with its broader use remain significant.
  3. International Legal Conflicts: The U.S. is bound by international treaties that require the criminalization of cannabis. Reclassifying marijuana could potentially conflict with these agreements, complicating international relations and U.S. treaty obligations.
  4. Potential for Unintended Consequences: Loosening marijuana restrictions could have unforeseen effects in both law enforcement and public health spheres, possibly complicating efforts to combat other drug-related issues.
  5. Legal and Political Controversy: The DEA’s proposal might ignite legal challenges and political opposition, particularly from segments that view the current drug classification system as appropriate. Such opposition could fuel ongoing debates and policy clashes.
As the DEA prepares to take public comments and move toward finalizing this rule change, the implications of reclassifying marijuana continue to stir debate. 
This decision could be a pivotal moment in American drug policy, representing a shift towards a more nuanced understanding of marijuana’s role in society, medicine, and the economy.

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DEA Reportedly Set to Reschedule Cannabis to Schedule III
DEA Agrees To Reclassify Marijuana Under Federal Law, AP Reports


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