In a groundbreaking shift in American drug policy, the U.S. Drug Enforcement Administration is set to reclassify marijuana as a less dangerous drug. This move, which is still pending review by the White House Office of Management and Budget, would officially recognize the medical benefits of cannabis and acknowledge its lower potential for abuse compared to some of the most dangerous drugs in the nation. However, it does not entail full legalization of marijuana for recreational purposes.
- Explore maps showing where medical and recreational marijuana are legal in the U.S.
This decision, disclosed to the Associated Press by five sources familiar with the matter on Tuesday under the condition of anonymity, marks a significant milestone in drug regulation and represents the most substantial policy shift by the DEA in over five decades.
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 the agency would publish the final rule.
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.
"Criminal records for marijuana use and possession have imposed needless barriers to employment, housing, and educational opportunities," Biden said in December. "Too many lives have been upended because of our failed approach to marijuana. It's time that we right these wrongs."
The election year announcement could help Biden, a Democrat, boost flagging support, particularly among younger voters.
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.
On the other end of the spectrum, others argue say marijuana should be dropped from the controlled-substances list completely and instead regulated like alcohol.
Federal drug policy has lagged behind many states in recent years, with 38 having already legalized medical marijuana and 24 legalizing its recreational use.
The marijuana industry has experienced rapid growth, now estimated to be worth nearly $30 billion. Easing federal regulations could significantly reduce the tax burden for businesses, which can currently be as high as 70% or more. In addition, it could facilitate research on marijuana, as conducting authorized clinical studies on Schedule I substances is currently very challenging.
While rescheduling marijuana would have a limited immediate impact on the criminal justice system, as federal prosecutions for simple possession have been rare in recent years, President Biden has already pardoned thousands of individuals convicted of marijuana possession under federal law.
