The U.S. Department of Health and Human Services is recommending that the U.S. Drug Enforcement Agency (DEA) move marijuana from Schedule I to Schedule III under the Controlled Substances Act.
Schedule I drugs include substances like LSD and Heroin, while Schedule III are drugs that have an accepted medical use, like codeine, ketamine, and steroids.
The recommendation drew praise from Sen. Ron Wyden (D-OR), chair of the Senate Finance Committee.
“Ultimately, I believe that cannabis should be descheduled with strong federal regulations put in place to protect public health and safety – that’s why I introduced the Cannabis Administration And Opportunity Act with Leader Schumer and Senator Booker. However, the recommendation of HHS to reschedule cannabis as a Schedule III drug is not inconsequential. If HHS’s recommendation is ultimately implemented, it will be a historic step for a nation whose cannabis policies have been out of touch with reality. At long last, barriers to much-needed research will be lifted and the inequitable 280E tax provision thrown in the trash can so that state legal cannabis businesses will no longer be treated like criminals and can deduct their business expenses just like any other small business,” Wyden said.
The American Trade Association of Cannabis and Hemp (ATACH) also applauded the move.
“Today, the Health and Human Services made a historic recommendation to remove marijuana from Schedule I and place it in Schedule III of the Controlled Substances Act. Such a move, if accepted, will be an incredibly important and necessary first step by the United States to undo over 50 years of injustice by the federal government through its treatment of marijuana and those who consume it. This is an important part of the criminal justice relief promised by President Biden, and this change would also remove unfair tax burdens on state-licensed marijuana businesses and allow for a regulated market to compete and defeat the illicit market,” Michael Bronstein, president of ATACH, said.
Bronstein called Rachel Levine, assistant secretary of Health and Human Services, a trailblazer for making this recommendation to the DEA.
“Since 1971, marijuana has been miscategorized as a Schedule I controlled substance, unfairly putting countless people in jail, preventing meaningful regulation at the federal level, and frustrating research into its medical benefits. President Biden initiated a government process to reconsider that categorization, recognizing that sending people to prison for possessing marijuana has upended too many lives, and created too much harm, particularly in light of state laws that regulate cannabis,” he added.
Bronstein added that people that have criminal records related to marijuana face significant barriers to jobs, housing, and educational opportunities, and impacts have been disproportionately higher among communities of color.
“It is time to stop jailing so many of our citizens for a substance that many states successfully tax and regulate,” Bronstein said. “We urge the Drug Enforcement Administration to accept the FDA’s recommendation and help to meet the president’s goals of a fairer system without delay.”