A group of 20 Democratic lawmakers are urging the Drug Enforcement Administration to remove marijuana from the federal government’s list of restricted drugs, where it is currently classified in the same category as heroin. The lawmakers argue that marijuana is widely used and associated with fewer adverse outcomes than alcohol but faces severe penalties for users and businesses due to its restrictive scheduling. They are calling on the DEA to act promptly to change the classification of marijuana.
The lawmakers leading this effort include Sens. Elizabeth Warren and John Fetterman, as well as Reps. Earl Blumenauer and Barbara Lee. President Joe Biden had ordered a review of marijuana’s classification as a scheduled drug under the Controlled Substances Act, and the Department of Health and Human Services had recommended moving cannabis from Schedule I to Schedule III. Biden campaigned on decriminalizing cannabis, but progress has been slow. The Controlled Substances Act categorizes drugs from Schedule I to Schedule V, and cannabis is currently in the most restrictive Schedule I category.
The decision to classify marijuana as a Schedule I drug was made in the early 1970s under President Nixon, reportedly as part of efforts to target the antiwar left and black communities. HHS recommended rescheduling marijuana to Schedule III, which would acknowledge its medical uses and lower potential for abuse. However, rescheduling alone would not address the criminal penalties associated with marijuana use, which disproportionately affect Black and brown communities. The National Organization for the Reform of Marijuana Laws (NORML) has criticized rescheduling as being “intellectually dishonest.”
While recreational cannabis is legal in 24 states, there were still a quarter of a million arrests for cannabis-related offenses in 2022. The DEA has acknowledged that reviewing HHS’ scheduling recommendation can take several months. The lawmakers are pushing for prompt action to address the senselessly severe penalties associated with marijuana use and the conflict between federal and state marijuana laws. They argue that changing the classification of marijuana is an opportunity to address more than 50 years of failed and racially discriminatory marijuana policy.
Overall, the lawmakers are calling for the DEA to remove marijuana from the list of restricted drugs, citing its widespread use, fewer adverse outcomes compared to alcohol, and the severe penalties faced by users and businesses. The current classification of marijuana as a Schedule I drug has been criticized as outdated and rooted in discriminatory policies from the past. While some progress has been made with recommendations to move cannabis to Schedule III, the lawmakers argue that more needs to be done to address the criminal penalties associated with marijuana use and resolve the conflict between federal and state laws. They are urging the Biden administration to act promptly to change the classification of marijuana and bring an end to decades of failed and discriminatory policies.
