What Marijuana Reclassification Means For The United States

Washington — The United States Narcotic Enforcement Administration is considering reclassifying marijuana as a less harmful narcotic. The Justice Department’s proposal would recognize cannabis’ medical purposes but not legalize it for recreational use.

The proposal would shift marijuana from the “Schedule I” category to the less stringent “Schedule III.”

So, what does this mean, and what are the implications?

Technically, nothing has happened. The White House Office of Management and Budget must first examine the idea, followed by a public comment period and an administrative judge’s assessment, which could be a lengthy process.

Nonetheless, the change is considered “paradigm-shifting, and it’s very exciting,” Vince Sliwoski, a Portland, Oregon-based cannabis and psychedelics attorney who runs well-known legal blogs on those topics, told The Associated Press when the federal Health and Human Services Department recommended it.

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What Marijuana Reclassification Means For The United States

“I can’t emphasize enough how big of news it is,” he said.

It came after President Joe Biden last year requested that HHS and the attorney general, who controls the DEA, investigate how marijuana was classified. Schedule I legalized it alongside heroin, LSD, quaaludes, and ecstasy, among other substances.

Biden, a Democrat, is in favor of legalizing medical marijuana “where appropriate, consistent with medical and scientific evidence,” White House press secretary Karine Jean-Pierre said on Thursday. “That is why it is important for this independent review to go through.”

No. Schedule III medicines, such as ketamine, anabolic steroids, and several acetaminophen-codeine combos, are still considered controlled narcotics.

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What Marijuana Reclassification Means For The United States

They are subject to a variety of restrictions that allow for some medical usage as well as federal criminal punishment of anyone who traffics in the medications illegally.

Medical marijuana programs, which are already regulated in 38 states, and legal recreational cannabis markets in 23 states are expected to remain unchanged, but they are unlikely to meet federal production, record-keeping, prescribing, and other Schedule III drug criteria.

There haven’t been many federal prosecutions for simply possessing marijuana in recent years, even with marijuana’s existing Schedule I designation, but reclassification would have no immediate impact on those currently in the criminal justice system.

“Put simply, this shift from Schedule I to Schedule III is not keeping people out of jail,” said David Culver, senior vice president of public relations of the United States Cannabis Council.

However, rescheduling would have an impact, especially on research and marijuana business taxes.

Because marijuana is classified as a Schedule I substance, it has been extremely difficult to undertake permitted clinical trials involving its administration. This has produced a Catch-22 situation: there is a need for further study, but there are hurdles to doing so. (Sometimes, scientists rely on people’s claims of marijuana use.)

Schedule III medications are easier to study, although reclassification would take time to remove all hurdles to research.

“It’s going to be really confusing for a long time,” says Ziva Cooper, director of the University of California, Los Angeles Center for Cannabis and Cannabinoids. “When the dust has settled, I don’t know how many years from now, research will be easier.”

Among the unknowns include whether academics will be permitted to study marijuana from state-licensed shops and how the federal Food and Drug Administration would regulate this.

Some researchers remain optimistic.

“Reducing the schedule to schedule 3 will allow us to conduct research with human subjects using cannabis,” said Susan Ferguson, director of the University of Washington’s Addictions, Drug, and Alcohol Institute in Seattle.

Firms involved in “trafficking” marijuana or any other Schedule I or II substance are not allowed to deduct rent, payroll, or other expenses that other firms can. (Yes, despite the federal government’s prohibition on marijuana, at least some cannabis firms, particularly those permitted by states, pay federal taxes.) According to industry associations, tax rates frequently reach 70% or more.

The deduction regulation does not apply to Schedule III medications, so the proposed amendment would significantly reduce cannabis companies’ taxes.

They claim it would treat them like other industries and let them compete with unlawful competitors that frustrate licensees and officials in locations like New York.

“You’re going to make these state-legal programs stronger,” says Adam Goers, an executive at Columbia Care, a medicinal and recreational cannabis provider. He co-chairs a group of corporate and other stakeholders advocating for rescheduling.

According to Beau Kilmer, co-director of the RAND Drug Policy Center, deducting those expenditures could result in greater cannabis marketing and advertising.

Rescheduling would have no direct impact on another marijuana business issue: limited access to banks, particularly for loans, due to federally regulated institutions’ concerns about the drug’s legal status. Instead, the sector has focused on the SAFE Banking Act. It has frequently passed the House but is stuck in the Senate.

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What Marijuana Reclassification Means For The United States

Yes, there are, notably the national anti-legalization organization Smart Approaches to Marijuana. President Kevin Sabet, a former Obama administration drug policy official, said the HHS suggestion “flies in the face of science, reeks of politics” and gives a disappointing nod to an industry “desperately looking for legitimacy.”

Some legalization supporters argue that rescheduling marijuana is too modest. They want to keep the focus on totally removing it from the controlled substances list, which does not include alcohol or tobacco (although they are regulated).

According to Paul Armentano, deputy director of the National Organization for the Reform of Marijuana Laws, simply reclassifying marijuana would be “perpetuating the existing divide between state and federal marijuana policies.” According to Kaliko Castille, President of the Minority Cannabis Business Association, rescheduling simply “re-brands prohibition,” rather than giving state licensees the green light and bringing an end to decades of arrests that disproportionately affected people of color.

“Schedule III is going to leave it in this kind of amorphous, mucky middle where people are not going to understand the danger of it still being federally illegal,” the senator stated.

Peltz reported from New York. Associated Press writers Colleen Long in Washington and Carla K. Johnson in Seattle contributed to this story.

SOURCE – (AP)