The top US health organization has recommended relaxing restrictions on marijuana, despite mounting evidence that it may have long-term health consequences.
In what could be the biggest change in federal drug policy in decades, the Biden administration’s Department of Health and Human Services (HHS) has asked the Drug Enforcement Administration (DEA) to downgrade cannabis from a Schedule I substance to a Schedule III substance.
As a Schedule I controlled substance, marijuana is in the same class as heroin, ecstasy, and LSD. Drugs in this class are considered to have a high potential for abuse and no medical uses.
A Schedule III designation would place it in the same category as anabolic steroids, testosterone and ketamine, which are considered to have “moderate to low potential for physical and psychological dependence.”
Despite its classification, 23 states have legalized the drug for recreational use and the drug is approved for medical use in 38 states, but it is illegal at the federal level regardless of Schedule category.
Making cannabis legal at the federal level would require the DEA to scrap the drug entirely, a much more intense process that would require recommendations from multiple state agencies and action from Congress.
As a Schedule I drug, marijuana trafficking can carry a person up to 40 years in prison. Trafficking a Schedule III drug is punishable by up to 20 years in prison.
Marijuana is illegal at the federal level, but 23 states have legalized it for recreational use and it’s approved for medical use in 38 states (file photo)
Recasting the drug wouldn’t make it legal at the federal level, but it could lead to major changes in how the drug is used, regulated and studied.
Downgrading marijuana could potentially allow for more research, change the way companies selling the drug are taxed and monitored, and change the way marijuana-related offenses are prosecuted.
While the legalization of marijuana has largely received bipartisan support, there are those who speak out about its potentially harmful consequences and the risk of abuse.
The Substance Abuse and Mental Health Services Administration reports that about one in 10 people who use marijuana will become addicted, and if they start before they are 18 years old, that percentage rises to one in six.
In addition to developing an addiction, people who use marijuana can suffer from a variety of health problems, including permanent IQ loss, depression, anxiety, suicidal thoughts, and psychotic episodes.
Marijuana also affects timing, movement and coordination, and use during pregnancy can lead to premature birth and problems with fetal brain development and cognitive function.
However, it is still a popular drug in the US. In 2019, marijuana use among people aged 12 and older increased from 11 percent (26 million people) in 2002 to 17.5 percent (48 million people), SAMHSA reports.
Marijuana use was highest among people ages 18 to 25, with 39 percent reporting using the drug in 2019.
Despite President Joe Biden’s recent encouragement to relax marijuana restrictions, he hasn’t always been pro-cannabis. In 2010 as vice president, Biden said ABC news“I still believe it’s a gateway drug. I have dealt with this for much of my life as chairman of the Judiciary Commission. I think it would be a mistake to legalize’.
In 2019, Biden, who has worked to reform US marijuana laws during his presidency, made similar comments, saying “there’s not nearly enough evidence gathered on whether or not it’s a gateway drug.”
His past views on the matter didn’t stop him from pardoning anyone convicted of a federal crime merely for possession of marijuana, and ordering his government to review the drug’s class in October. to speed up.
On Wednesday, HHS Secretary Xavier Becerra said on X: “I can now share that, based on the data and science, HHS has responded to the directive (from President Joe Biden) to me that the department issue a marijuana scheduling recommendation to the (Drug Enforcement Agency) ).
“We have done our best to ensure that a scientific evaluation can be completed and shared quickly.”
The review was prompted by a top official at HHS who sent a letter obtained by Bloomberg Newsto the DEA calling for marijuana to be reclassified under the Controlled Substances Act.
While a review of marijuana’s classification was first pushed forward by HHS, the DEA will have final authority to make any changes after a regulatory process that includes a public comment period.
There are five types of registered drugs under the Controlled Substances Act, ranging from I to V, distinguishing them according to their potential risk of abuse and dependence.
Schedule I drugs are drugs defined as drugs with no currently accepted medical use and a high potential for abuse.
Schedule III drugs are drugs with a moderate to low potential for physical and psychological dependence and their abuse risk is lower than Schedule I and II drugs.
While marijuana laws vary from state to state, a related crime falls under federal rules and regulations when it occurs across state lines or on federal territory, such as a U.S. national park or international airport.
In addition, if violations by Americans occur between the US and another country, they can be sued under federal jurisdiction.
Under federal law, it is a criminal offense for someone to be in possession of a certain amount of marijuana.
A first-time possession conviction is punishable by up to one year in prison and a $1,000 fine. A second conviction carries a maximum penalty of up to two years in prison and a $2,500 fine. A third is punished with up to three years in prison and a $5,000 fine.
The laws against marijuana trafficking are much stricter and can carry a prison sentence of five to 40 years and a fine of up to $1 million.
Trafficking a Schedule III drug carries a maximum penalty of ten years in prison and a $250,000 fine on the first offense. A second offense carries a maximum penalty of 20 years in prison and a fine of up to $1 million.