DEA agrees to reclassify cannabis as a «less dangerous» substance»

In a landmark decision, the Drug Enforcement Administration (DEA) has announced its intention to move the cannabis from Schedule I to Schedule III of the Controlled Substances Act (CSA), as recommended by the U.S. Department of Health and Human Services (HHS).

This decision, which marks a break with over 50 years of classifying cannabis alongside heroin and denying its medical uses, will have far-reaching implications.

What does the reclassification from Annex I to Annex III mean?

The proposed reclassification from Table I to Table III recognizes the medical use of cannabis and a lower abuse potential than Schedule I and II substances. The from cannabis to Table III would allow the federal government to recognize its medical value, paving the way for more research and easing restrictions on legal cannabis businesses in the states.

According to Marijuana Moment, This change would «remove research barriers currently imposed on scientists wishing to study Schedule I substances». It would also allow state-licensed cannabis companies to take advantage of federal tax deductions not previously available under IRS code 280E.

«Today, the Attorney General circulated a proposal to reclassify marijuana from Schedule I to Schedule III. Once published in the Federal Register, it will trigger a formal rulemaking process,» Department of Justice Public Affairs Director Xochitl Hinojosa said in a statement.

Sources close to the rescheduling process, who spoke on condition of anonymity to Cannabis Wire, have confirmed that a memo from the DOJ's Office of Legal Counsel - the Attorney General has asked for their legal advice - should be published at the same time as the Notice of Public Rulemaking DEA in the Federal Register.

A few details on this memo: it will clarify that the Single Convention on Narcotic Drugs is not an obstacle to moving cannabis from Schedule I to Schedule III, that the two-part test performed by HHS to support its recommendation is sufficient, and that the DEA must substantially rely on it to the HHS conclusions in favor of Appendix III, after public comment.

Legal and practical implications

Despite this progress, it should be noted that the cannabis reclassification does not equate to legalization. As for the manufacture, distribution and possession of recreational cannabis, these activities remain illegal under federal law, and may still be subject to federal prosecution, regardless of their status under state law.

In addition, even if certain sanctions for cannabis-related activities may be reduced under Schedule III, cannabis will still be considered an illegal substance at federal level.

The reclassification of cannabis is promising for the scientific research on cannabis. As former DEA administrator Asa Hutchinson acknowledges, reclassification could facilitate more studies, contributing to a better understanding of the health effects of cannabis. This could lead to greater acceptance of cannabis-based medicines that meet FDA prescription standards.

While the DEA's proposal is a significant step forward, its implications raise broader questions about federal policy on cannabis. As one Congress report, However, the latter retains the power to adopt more substantial changes, such as downgrading or legalizing cannabis through legislative action. The recent reintroduction of a legalization bill by Senate Majority Leader Chuck Schumer is one witness to ongoing efforts to revise federal cannabis laws.

American sentiment towards cannabis has evolved significantly, as reflected in the reclassification proposal. Asa Hutchinson points out that, while the medical consensus on the benefits of cannabis is lagging behind public opinion, reclassification aligns with societal perceptions of the value of cannabis.