US drug control agency will move to reclassify marijuana in a historic shift, AP sources say
WASHINGTON — WASHINGTON (AP) — The U.S. Drug Enforcement Administration will move to reclassify marijuana as a less dangerous drug, The Associated Press has learned, a historic shift in generations of U.S. drug policy that could have major ripple effects across the country.
The DEA’s proposal, which still needs to be reviewed by the White House Office of Management and Budget, would recognize the medical use of cannabis and recognize that it has less potential for abuse than some of the nation’s most dangerous drugs. However, it would not fully legalize marijuana for recreational use.
The agency’s move, confirmed to the AP on Tuesday by five people familiar with the matter who spoke on condition of anonymity to discuss the sensitive regulatory overhaul, clears the last major regulatory hurdle before the agency’s biggest policy change in more than 50 years. .
Once OMB signs off, the DEA will publicly comment on the plan to remove marijuana from its current classification as a Schedule I drug, along with heroin and LSD. It moves marijuana to Schedule III, along with ketamine and some anabolic steroids, on the recommendation of the federal Department of Health and Human Services. After the public comment period, the agency would publish the final rule.
It comes after President Joe Biden called for an overhaul of federal marijuana law in October 2022, and moved to pardon thousands of Americans federally convicted of simple possession of the drug. He has also called on governors and local leaders to take similar steps to expunge marijuana convictions.
“Criminal records for marijuana use and possession have created unnecessary barriers to employment, housing and educational opportunities,” Biden said in December. “Too many lives have been turned upside down because of our failed approach to marijuana. It is time we right these wrongs.”
The election-year announcement could help Biden, a Democrat, shore up sagging support, especially among younger voters.
Schedule III drugs are still controlled substances and subject to rules and regulations, and people who traffic them without authorization may still face federal criminal charges.
Some critics argue that the DEA should not change course on marijuana because the rescheduling is unnecessary and could lead to harmful side effects.
On the other end of the spectrum, others argue that marijuana should be removed from the list of controlled substances entirely and instead regulated like alcohol.
Federal drug policy has lagged behind many states in recent years, with 38 states already legalizing medical marijuana and 24 states legalizing its recreational use.
That has contributed to the rapid growth of the marijuana industry, estimated to be worth nearly $30 billion. Relaxing federal regulations could reduce the tax burden, which could be as much as 70% or more for companies, according to industry groups. It could also make it easier to research marijuana, as it is very difficult to conduct authorized clinical trials on Schedule I substances.
The immediate effect of the redistricting on the country’s criminal justice system would likely be more muted, as federal prosecutions for simple possession have been quite rare in recent years. Biden has already pardoned thousands of Americans convicted under federal law of marijuana possession.
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Goodman reported from Miami, Mustian from New Orleans. AP writer Colleen Long contributed.