The Biden administration has made a historic move to reclassify marijuana as a lower-risk substance, acknowledging its medical benefits and potential implications for cannabis-related research and industry. The US Department of Justice has recommended rescheduling marijuana as a Schedule III controlled substance, equating it with prescription drugs like ketamine and Tylenol with codeine. This recommendation is in line with President Joe Biden’s direction for the FDA to review and support the reclassification in order to initiate a formal rulemaking process as prescribed by Congress in the Controlled Substances Act, a process that could take months to complete. Lawmakers on both sides of the aisle have praised the move as a step closer to ending the failed war on drugs.
For over 50 years, marijuana has been labeled as a Schedule I substance alongside drugs like heroin and ecstasy, with no accepted medical use and a high potential for abuse. The recommendation to reschedule marijuana stems from earlier evaluations by the FDA and the Health and Human Services department, citing its lower potential for abuse, accepted medical use, and low to moderate physical dependence risk when compared to other substances. This move could open up avenues for further research and potentially ease punitive criminal consequences related to marijuana use while also allowing cannabis businesses to bank more freely and openly.
The cannabis industry, which has grown into a multibillion-dollar industry since the first adult-use cannabis sale in 2014, has attracted attention from multinational companies across various sectors, including alcohol, agriculture, pharmaceutical, and tobacco. Public sentiment has shifted significantly in favor of cannabis legalization, with a record 70% of Americans supporting it in a recent Gallup survey, compared to 51% in 2014. Lawmakers have introduced numerous bills related to cannabis, seeking to remove marijuana from the Controlled Substances Act while preserving state-run markets.
Moving marijuana out of Schedule I could lead to more research opportunities, less punitive criminal consequences, and potential banking freedoms for cannabis businesses. However, challenges remain in the federal-state conflict, as recreational marijuana would remain illegal under federal law, despite state legality. The Congressional Research Service notes that rescheduling marijuana is primarily symbolic and may not address the broader issues associated with federal and state conflicts over cannabis laws. States with medical marijuana programs currently have some federal protections in place, but Schedule III status will not impact those protections.
The 2018 Farm Bill decontrolled hemp and hemp-derived cannabidiol, removing it from the definition of marijuana under the Controlled Substances Act. The FDA’s evaluation of marijuana did not include products containing plant-derived cannabidiol, commonly known as CBD. It is crucial for lawmakers and regulators to navigate the complexities of federal-state conflicts and consider the potential benefits and challenges of rescheduling marijuana. Symbolically, this move represents a significant shift in federal policy on cannabis and could have long-term implications for research, business practices, and criminal justice related to marijuana use.
