DEA Set to Reclassify Marijuana, Easing Federal Restrictions
DEA Set to Reclassify Marijuana, Easing Federal Restrictions
Get the latest on DEA's decision to reclassify marijuana, marking a significant shift in federal regulations. What does this mean for the future?
The U.S. Drug Enforcement Administration (DEA) is set to make a historic shift in federal cannabis policy by reclassifying marijuana as a less dangerous drug, according to sources cited by the Associated Press. This move, which must be reviewed by the White House Office of Management and Budget, would mark the biggest change in federal cannabis policy in 40 years but would not legalize marijuana outright for recreational use.
Reclassification and Its Implications
Under the proposed change, the DEA is expected to recommend reclassifying cannabis from the most strict Schedule I to the less stringent Schedule III. This reclassification would allow for the study and research of marijuana to identify concrete medical benefits, opening the door for pharmaceutical companies to get involved with the sale and distribution of medical marijuana in states where it is legal.
The reclassification of marijuana would also eliminate significant tax burdens for businesses in states where the drug is legal, notably getting rid of the Internal Revenue Services code Section 280E, which currently prohibits legal cannabis companies from deducting what would otherwise be ordinary business expenses.
The decision to reclassify marijuana comes after President Joe Biden directed the Department of Health and Human Services in October 2022 to review marijuana’s classification. Federal scientists concluded that there is credible evidence that cannabis provides medical benefits and poses lower health risks than other controlled substances.
Lawmakers Push for Reclassification
A coalition of Democratic lawmakers from nearly two dozen states, led by U.S. Sen. Elizabeth Warren of Massachusetts, has called on the DEA to drop cannabis from Schedule I of the federal Controlled Substances Act and reclassify it to Schedule III. The lawmakers argue that the continued classification of marijuana as a Schedule I drug leads to severe penalties for marijuana users and businesses and creates a conflict between the marijuana laws of the majority of U.S. states and federal law.
The lawmakers’ call comes eight months after the U.S. Department of Health and Human Services recommended changing marijuana’s designation under federal law and 18 months after President Joe Biden gave the green light to HHS and the Justice Department to begin reviewing how the government treats the drug.
A Step Towards Resolving Conflicting Policies
The reclassification of marijuana by the DEA would be a significant step toward resolving the conflict between state and federal laws regarding cannabis. As more states legalize marijuana for medical and recreational use, the current federal classification of the drug as a Schedule I substance has created legal and jurisdictional challenges.
The proposed change would align federal policy more closely with the growing number of states that have legalized marijuana and could pave the way for further reforms in the future.