Biden Moves to De-Rank Cannabis in Federal Drug Schedule

Last updated on August 7th, 2024 at 04:29 pm

President Joe Biden’s administration is moving forward with plans to reclassify cannabis (or marijuana) under the 1971 Controlled Substance Act (CSA) schedule, potentially easing federal regulation around the psychoactive plant.

“Today, the Attorney General circulated a proposal to reclassify marijuana from Schedule I to Schedule III,” Justice Department spokesperson Xochitl Hinojosa said Tuesday.

Schedule I substances are those “with no currently accepted medical use and a high potential for abuse.” The plant is currently ranked in Schedule I alongside heroin, lysergic acid diethylamide (LSD), ecstasy, methaqualone, and peyote.

Schedule III substances are those “with a moderate to low potential for physical and psychological dependence” and a lower risk for abuse. By reranking to Schedule III, the Biden administration would place the plant alongside ketamine, anabolic steroids, and limited doses of codeine in the federal drug risk assessment.

The rescheduling effort would begin to reconcile the federal government’s views of cannabis with those of activists and numerous U.S. states that have made the plant available for medical and even recreational uses.

Hinojosa said the DOJ will publish the rescheduling proposal in the Federal Register. This publication begins the CSA’s federal rulemaking process.

The move comes after Biden called for a review of cannabis’ CSA schedule status in October 2022 and moved to pardon those convicted of simple possession.

Schumer Cheers Cannabis Rescheduling, Calls to Revise Regulatory Framework

“It is great news that DEA is finally recognizing that restrictive and draconian cannabis laws need to change to catch up to what science and the majority of Americans have said loud and clear,” Senate Majority Leader Chuck Schumer (D-NY) said of the rescheduling proposal.

But as Schumer cheered the rescheduling move, he called for eventually taking the plant out of the CSA schedule altogether.

“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,” he said.

The SAFER Banking Act would revise banking regulations to ensure state-sanctioned weed businesses have access to financial services.

The Cannabis Administration and Opportunity Act would transfer regulatory oversight of cannabis from the Drug Enforcement Administration to the Food and Drug Administration (FDA) and the Alcohol and Tobacco Tax and Trade Bureau (TTB). The legislation also provides resources for local law enforcement to go after black-market cannabis businesses, regulate the cannabis market, and impose excise taxes.

The Cannabis Administration and Opportunity Act would further prepare for treating cannabis-impaired driving like drunk-driving. The legislation proposes federal traffic safety studies on driving while high, and calls for the U.S. Department of Transportation to create a standard for cannabis-impaired driving within three years to be adopted by states. The legislation also calls for incentivizing states to adopt open container-style laws around weed.