DEA Moves to Reschedule Marijuana to Schedule III: Questions and Answers
As many Americans believe medical cannabis should be legal as recognize the earth is round — about 90%. Yet, for more than 50 years, the federal government has classified marijuana alongside heroin as a Schedule I substance, which is reserved for substances with no currently accepted medical use and a high potential for abuse.
At long last, the DEA and FDA are proposing moving botanical cannabis to a schedule that acknowledges its medical value and that cannabis is less risky than Schedule II drugs. While cannabis should not be in any schedule, just as alcohol is not, the DEA and FDA moving cannabis to Schedule III would be a major breakthrough. You can weigh in until July 22, 2024.
There’s been a lot of confusion about what rescheduling does and doesn’t mean. Here are some answers to common questions.
What are the impacts of rescheduling to Schedule III?:
For the first time in almost a century, federal law would acknowledge that cannabis has medical value and is less dangerous than opiates. This should ease the passage of medical cannabis laws in states that still do not yet have them and reduce the stigma medical cannabis patients face.
It will likely result in more healthcare professionals becoming educated about cannabis and being willing to recommend it. We expect rescheduling to reduce the number of medical cannabis patients who suffer bias in child custody cases, denial of organ transplants and other medical treatments, employment discrimination, eviction from HUD housing, and other areas of their lives. It also increases pressure on Congress and the president to stop criminalizing cannabis consumers and providers. And it should make research into cannabis’ medical benefits easier.
It’s unclear. It could be as short as a couple of months or possibly as long as years. The DEA is accepting public comments through July 22, 2024. Prohibitionists are raising money to try to challenge rescheduling in court.
After decades of advocacy, more than 70% of Americans now live in a medical cannabis state. The HHS found there are six million Americans using cannabis pursuant to the recommendation of 30,000 health care practitioners in medical cannabis programs, and there is credible evidence to support it. Thanks to all of those that spoke out and researched cannabis despite hurdles, cannabis now has “currently accepted medical use.”
Does this mean cannabis will be legally available as a prescription nationwide?:
Does rescheduling mean state-legal cannabis businesses will become federally legal?:
No. Congressional action is needed to legalize state-legal businesses.
What’s the bottom line?:
Rescheduling acknowledges a reality patients have known for millennia — cannabis has medical value. It also would have positive, real world impacts. While rescheduling is a step forward, Congress and the president also need to deschedule and legalize cannabis to harmonize state and federal law and to stop criminalizing the 60 million Americans who are cannabis consumers, along with the businesses and workers who serve them.
It is also crucial to continue advocating for the state-by-state legalization of both adult-use and medical cannabis. This approach ensures that we prevent the criminalization of individuals for cannabis-related offenses and secure comprehensive and regulated access to medical cannabis for patients in need. Each state's legalization contributes to a more equitable and just system, reinforcing the importance of local action in the broader movement towards more comprehensive nationwide cannabis reform. You can support the Marijuana Policy Project in this vital work by donating today. Your contributions help us continue the fight for fair and accessible cannabis laws.