Department of Justice takes “big step” to reschedule marijuana

WASHINGTON — The Justice Department took a significant step toward rescheduling marijuana on Thursday, formalizing its process to reclassify the drug as lower risk and remove it from a category in which it has been treated as more dangerous than usual. fentanyl and methamphetamine.

President Joe Biden announced the “big” change in a direct-to-camera video posted to his official X account. “This is monumental,” Biden said in the message. “It is an important step towards reversing long-standing inequalities. … 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 Biden administration was signaling that would reschedule the drug from Schedule I — a strict classification that includes drugs like heroin — to the less stringent Schedule III, which for the first time would recognize the drug’s medical benefits at the federal level. The Drug Enforcement Administration filed a notice of proposed rulemaking in the Federal Register on Thursday afternoon, triggering a 60-day comment period that will allow members of the public to submit comments on the rescheduling proposal before it is finalized.

Biden first directed federal agencies to review how marijuana is scheduled in October 2022, weeks before that year’s midterm elections. The process was led by the DOJ and the Department of Health and Human Services.

“Look guys, no one should be in jail for just using or possessing marijuana. Period,” Biden said in Thursday’s video, his third time speaking extensively on the issue since his directive two years ago.

The second time Biden addressed the issue was during this year’s State of the Union address, making history by referring to marijuana on the dais of the House chamber. “No one should be arrested for using or possessing marijuana,” he said at the time.

Vice President Kamala Harris also released a video Thursday praising the progress.

“Currently marijuana is classified on the same level as heroin and more dangerous than fentanyl. We’re finally changing that,” Harris said. “We are on the right track to do that.”

During the first 30 days of the comment period, interested parties may request a hearing on the rescheduling proposal. Under the statute, the DEA would be required to hold a hearing before an administrative law judge.

After DEA reviews and considers public comments, and at the conclusion of any requested hearing, DEA will issue a final order to reschedule marijuana. (The DEA could refuse to reschedule the drug, but this is unlikely given the administration’s strong support).

The entire process can take anywhere from a few months to a year.

Once completed, federal scientists will be able to research and study the drug’s potential medical benefits for the first time since the Controlled Substances Act was enacted in 1971. It could also open the door for pharmaceutical companies to get involved in sales and distribution. of medical marijuana in states where it is legal.

For the $34 billion cannabis industry, the measure would also eliminate significant tax burdens for companies in states where the drug is legal, notably by removing it from Section 280E of the IRS code, which prohibits legal companies from cannabis from deducting what would otherwise be normal business expenses.

The Justice Department’s rescheduling decision could also help curb the black market, which has thrived despite legalization in states like New York and California, and has undermined legal markets, which are heavily regulated and highly taxed.

During his term, Biden pardons issued for previous federal crimes of simple possession of marijuana and issued a proclamation granting additional pardons for simple possession, attempted simple possession and drug use.

The White House also urged governors to do the same in their states, and some heeded the call, including in Oregon and Massachusetts.

Democrats in Congress are mounting a partisan effort to remove cannabis from the Controlled Substances Act entirely, empowering states to create their own cannabis laws and prioritize restorative and economic justice for those affected by the “war on drugs.” ”.

“Congress must do everything it can to end federal cannabis prohibition and address the long-standing harms caused by the War on Drugs,” Senate Majority Leader Chuck Schumer, D-N.Y., said in the beginning of this month.

This article was originally published in NBCNews. with