WASHINGTON – The Justice Department formally moved Thursday to reclassify marijuana as a less dangerous drug, a generational historic shift in U.S. drug policy.
A proposed rule submitted to the federal register recognizes the medical uses of cannabis and recognizes that it has less potential for abuse than some of the country’s most dangerous drugs. The plan approved by Attorney General Merrick Garland would not fully legalize marijuana for recreational use.
Next, the Drug Enforcement Administration will take public comment on the proposal in a potentially lengthy process. If passed, the rule would strip marijuana of its current classification as a Schedule I drug, along with heroin and LSD. Instead, marijuana would be a Schedule III substance, along with ketamine and some anabolic steroids.
The move follows a recommendation from the federal Department of Health and Human Services, which launched a review of the drug’s status at the request of President Joe Biden in 2022.
Biden also moved to pardon thousands of people convicted at the federal level for simple possession of marijuana and called on governors and local leaders to take similar steps to expunge the convictions.
“This is monumental,” Biden said in a video statement, calling it an important step toward reversing long-standing inequalities. “Too many lives have been destroyed because of a failed approach to marijuana, and I am committed to righting those wrongs. You have my word.”
The election year announcement could help Biden, a Democrat, increase support, especially among younger voters.
The notice begins a 60-day comment period followed by possible review by an administrative law judge, which could be a lengthy process.
Biden and a growing number of lawmakers from both major political parties have been pushing for the DEA’s decision as marijuana becomes increasingly decriminalized and accepted, especially by younger people. Some argue that rescheduling is not enough and that marijuana should be treated the same as alcohol.
The Democratic Senate majority leader, Senator Chuck Schumer of New York, applauded the move and called for additional steps toward legalization.
The US Cannabis Council, a trade group, said the change would “signal a tectonic shift away from the failed policies of the past 50 years.”
The Justice Department said available data analyzed by HHS shows that while marijuana “is associated with a high prevalence of abuse,” that potential is more in line with other Schedule III substances, according to the proposed rule.
HHS’s recommendations are binding until the draft rule is submitted, and Garland agreed with it to begin the process.
Still, the DEA has not yet formed its own determination about where marijuana should be stored and hopes to learn more during the rulemaking process, the document states.
Some critics argue that the DEA should not change course on marijuana, saying rescheduling is not necessary and could lead to harmful side effects.
Dr. Kevin Sabet, a former White House drug policy adviser and now a member of the group Smart Approaches to Marijuana, said there is not enough data to support moving marijuana to Schedule III. “As we have stated throughout this process, it has become undeniable that politics, not science, is driving this decision and has been that way since the beginning,” said Sabet.
The immediate effect of the rescheduling on the country’s criminal justice system is expected to be mitigated. Federal prosecutions for simple possession have been quite rare in recent years.
Schedule III drugs are still controlled substances and subject to rules and regulations, and people who traffic them without permission can still face federal criminal charges.
Federal drug policy has lagged behind many states in recent years, with 38 states now legalizing medical marijuana and 24 legalizing its recreational use. This has helped fuel the rapid growth of the marijuana industry, with an estimated value of nearly $30 billion.
Easing federal regulations could reduce tax burdens that could be 70% or more for marijuana businesses, according to industry groups. It could also facilitate research on marijuana, since it is very difficult to conduct authorized clinical studies on Schedule I substances.
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Associated Press writers Zeke Miller in Washington and Joshua Goodman in Miami contributed to this report.
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