Eight months after the Biden administration ordered a review into cannabis law, the DEA, the agency that enforces drug law in the United States announced that it would reschedule cannabis from Schedule I to Schedule III.
The announcement means that cannabis will no longer be Schedule I, a category that contains drugs such as heroin and PCP which are deemed to have no medical use and high potential to cause harm, it will be Schedule III. Schedule III includes drugs such as codeine and ketamine. Drugs that fall into this category are only accessible on prescription by a healthcare professional.
The decision was reached following a recommendation from the federal Health and Human Services Department, and is seen as being part of Biden’s wider plan to decriminalise cannabis.
There are likely to be opponents to the decision, which may draw the process out longer than the 60-90 days quoted by the DEA, but most see this as a change that will happen.
What does rescheduling mean?
Most importantly it means that the federal government will recognise the medical and therapeutic properties of cannabis. However, it will not decriminalise or legalise it, and federal penalties will still apply to the possession and sale of it.
US law firm Vincente, who advocates for the decriminalisation of drugs, explained what sort of impact this decision will have, “Schedule III is likely the best outcome that can be expected via an administrative reclassification process. While this rescheduling does not go far enough to reduce or remove criminal penalties or achieve other imminently needed reforms, incremental reform builds momentum with small steps. Full legalization is needed to ensure no one goes to jail for using marijuana and comprehensive legislation is necessary to rectify the racial harms brought by the War on Drugs.”
For patients, their cannabis medicines will now be viewed by the federal government, and not just the state where they receive their prescriptions, as legitimate medicines. Dispensaries and other cannabis businesses will benefit by not being subject to the notorious 280E tax code that prevented them from writing off certain expenditures like other businesses, this is hoped to boost profitability and security in the industry.
What next for cannabis law in the US?
The move to reschedule cannabis doesn’t go far enough for some. Paul Armentano, deputy director of advocacy group NORML thinks it’s a positive move but will not facilitate the end of the federal prohibition of cannabis.
“Just as it is intellectually dishonest and impractical to categorize cannabis in the same placement as heroin, it is equally disingenuous and unfeasible to treat cannabis in the same manner as anabolic steroids and ketamine. The majority of Americans believe that cannabis ought to be legal and that its health risks are less significant than those associated with federally descheduled substances like alcohol and tobacco.” he said in a statement.
While others are more upbeat about the announcement, and see it as a solid stepping stone to legalisation.
“If today’s reporting proves true, we will be one step closer to ending the failed war on drugs. Marijuana was scheduled more than 50 years ago based on stigma, not science. The American people have made clear in state after state that cannabis legalization is inevitable. The Biden-Harris Administration is listening.”, said the co-chair of the Congressional Cannabis Caucus Republican Blumenauer.
Following reports that cannabis would be rescheduled, a coalition of senators held a press conference to officially reintroduce a bill to federally legalise cannabis.
“It’s past time for the federal government to catch up to the attitudes of the American people when it comes to cannabis,” said Senate Leader Chuck Schumer Schumer on Wednesday. “That’s why we’re reintroducing the Cannabis Administration and Opportunity Act, legislation that would finally end the federal prohibition on cannabis while prioritizing safety, research, workers’ rights and restorative justice.”
During a press conference Schumer said the bill “would right this grave wrong—and in place of the war on drugs, our bill would lay a foundation for something very different: A just, responsible and common sense approach to cannabis regulation.”
The Cannabis Administration and Opportunity Act we’re introducing would:
Remove marijuana from the list of controlled substances
Expunge the criminal records of Americans with low-level marijuana offenses
Help end the harmful War on Drugs, which has been a war on people of color— Chuck Schumer (@SenSchumer) May 1, 2024
This story first appeared on leafie, view here
Author: Kevin Dinneen
