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Should the change in the federal designation of marijuana affect whether lawmakers make it legal?
For many years, much of the medical and public health communities has anxiously awaited the long-overdue federal Controlled Substances Act reclassification of marijuana to characterize it more accurately.
In 2022, Biden requested the Health and Human Services Administration to conduct an extensive evaluation of marijuana’s medical benefits and risks. As part of the evaluation, the U.S. Food and Drug Administration determined that marijuana has legitimate medical benefits and relatively low toxicity. The resulting 2023 HHS report concluded marijuana’s reclassification from a Schedule I to a less restrictive Schedule III was appropriate. Now, the Biden administration announced a formal rulemaking process by the U.S. Department of Justice for the reclassification by the Drug Enforcement Administration.
Schedule I drugs, like heroin and ecstasy, are those with no accepted medical use and that have a high potential for abuse. Schedule I drugs are illegal for medical use, production, distribution, dispensing and possession except for federally approved research studies. Schedule III drugs, like acetaminophen with codeine, have low-to-moderate potential for dependence and have accepted medical use. Marijuana’s current Schedule I classification designates it as more dangerous than fentanyl.
Rulemaking will proceed with a 60-day public-comment period. It might also require a public hearing and formal congressional review before finalization. The DEA has final authority for any change in status, but given the Biden administration’s strong support for reclassification, the DEA will almost certainly approve. Reclassification will take months to finalize.
I’ve written previously about the potential medical benefits as well as the untoward effects of marijuana use. Many studies have demonstrated various medical benefits and also that marijuana is far from a harmless drug. It’s not my intention to revisit these subjects now.
Public opinion drives public policy. Marijuana’s reclassification initiative reflects that the clear majority of Americans wants legalized marijuana, for better or for worse. Similarly, Prohibition ended because of the public’s strong desire for alcohol.
A 2024 Pew Foundation report found that 88% of Americans favor legalization for either medical or adult recreational use. Fifty-seven percent favor both. Marijuana is legal recreationally in 24 states and medically in 38. It’s inevitable that more states will follow. A Carnegie Mellon University study found more Americans now use marijuana daily than alcohol.
What will reclassification to Schedule III do?
The federal government has been permissive of states legalizing recreational use without interference. But reclassification won’t affect the federal illegal status of recreational use, although it will appropriately lessen criminal penalties. Federal decriminalization or legalization requires congressional legislation removing marijuana from the Controlled Substances Act.
Also, since 2014, Congress has allowed states to legalize medical marijuana without restriction or prosecution despite being in conflict with preempting federal law. Reclassification would now federally legalize marijuana prescribing in states that have legalized medical marijuana.
According to the Congressional Research Service, prescribing would be limited to FDA-approved and -regulated prescription medications. This could take the form of synthetic or derived pharmaceuticals, extracts or even regulated cannabis itself.
FDA and DEA regulations make it very difficult to study Schedule I drugs adequately. A lower classification would facilitate much-needed thorough research into marijuana’s benefits and risks.
Reclassification is reflective of the evolving public acceptance of marijuana and the tremendous support for legalization. Further, it more justly treats the substance legally in relation to more dangerous and addictive drugs. Reclassification is a first step to reformulating the federal government’s position.
A hugely significant change in federal attitude looms.•
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Feldman is a family physician, author, lecturer and former Indiana State Department of Health commissioner for Gov. Frank O’Bannon. Send comments to ibjedit@ibj.com.
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Legalize it already. Everyone who wants to is using it anyway while Michigan and Illinois get our money!