Poli Alert Politics & Civics
Related Articles
Jimmy Williams
The Justice Department has initiated a major change to reclassify marijuana, aiming to categorize it as a lower-risk drug. This move could remove it from the same category as fentanyl and meth, which have been considered more dangerous.
President Joe Biden announced this significant step in a direct-to-camera video on his official social media account. “This is monumental,” Biden declared. “It’s an important move towards reversing long-standing inequities. Far too many lives have been upended because of a failed approach to marijuana, and I’m committed to righting those wrongs. You have my word on it.”
Too many lives have been upended because of our failed approach to marijuana.
So today, the @TheJusticeDept is taking the next step to reclassify marijuana from a Schedule I to a Schedule III drug under federal law.
Here’s what that means: pic.twitter.com/TMztSyyFYm
— President Biden (@POTUS) May 16, 2024
The Biden administration plans to reschedule marijuana from Schedule I — which includes drugs like heroin — to the less stringent Schedule III, recognizing its medical benefits at the federal level for the first time. The Drug Enforcement Administration (DEA) submitted a notice of proposed rulemaking, initiating a 60-day public comment period for feedback on the rescheduling proposal.
Biden first directed federal agencies to review marijuana’s scheduling in October 2022, weeks before the midterm elections. This review was led by the DOJ and the Department of Health and Human Services.
“Look folks, no one should be in jail for merely using or possessing marijuana. Period,” Biden emphasized in Thursday’s video. This is his third detailed discussion on the topic since his directive two years ago.
During this year’s State of the Union address, Biden made history by addressing marijuana from the dais in the House chamber, reiterating that “No one should be jailed for using or possessing marijuana.”
Vice President Kamala Harris also released a video, praising the progress. “Currently marijuana is classified on the same level as heroin and more dangerous than fentanyl. We are finally changing that,” Harris said. “We are on the road to getting it done.”
President Biden and I vowed to address injustices in marijuana policy.
Today, our Administration takes another major step forward. pic.twitter.com/GxFOFeU0DU
— Vice President Kamala Harris (@VP) May 16, 2024
Interested parties can request a hearing regarding the rescheduling proposal during the first 30 days of the comment period. The DEA must hold a hearing before an administrative law judge if requested. After reviewing public comments and concluding any hearings, the DEA will issue a final order to reschedule marijuana. Although the DEA could decline to reschedule, it is unlikely given the administration’s strong support.
The entire process could take several months to a year. Once completed, federal scientists will have the opportunity to research and study marijuana’s potential medical benefits, a first since the Controlled Substances Act of 1971. This could also allow pharmaceutical companies to sell and distribute medical marijuana in legal states.
For the $34 billion cannabis industry, this change could reduce significant tax burdens. It would remove marijuana from the IRS code’s Section 280E, which currently prohibits legal cannabis companies from deducting ordinary business expenses.
The rescheduling decision might also reduce the black market, which continues to thrive in states like New York and California, undermining legal markets that are heavily regulated and taxed.
However, Dr. Kevin Sabet, President of the anti-marijuana legalization group Smart Approaches to Marijuana, criticized the decision. “It’s become undeniable that politics, not science, is driving this decision and has been since the very beginning. This decision won’t legalize marijuana, and it won’t release anyone from prison or jail,” Sabet argued. “This is setting the stage to create the Big Tobacco of our time.”
During his presidency, Biden has issued pardons for prior federal offenses of simple marijuana possession and granted additional pardons for simple possession, attempted simple possession, and use of the drug.
