DEA Set to Reclassify Cannabis under Federal Law after Biden’s Support and HHS Call for Rescheduling

PHOENIX – The US Drug Enforcement Administration (DEA) is set to reclassify cannabis as less dangerous under federal law, according to sources familiar with the matter who spoke anonymously to Disclose regulatory review processes. This decision would represent a significant shift in decades-old drug policy and could have far-reaching consequences across America.
The DEA’s proposal reportedly calls for reclassifying cannabis from its current status as a Schedule I controlled substance, which has “no currently accepted medical use” under the Controlled Substances Act (CSA), to Schedule III – drugs with lower potential for abuse and generally used medically. The CSA framework divides drugs into five categories or schedules based on their risk of dependency versus acknowledged medical benefit; as mentioned, at present, cannabis is classified alongside heroin, ecstasy, peyote, and other highly restricted substances in Schedule I.
The DEA’s move follows a recommendation from the Department of Health and Human Services (HHS) delivered last year that called for rescheduling marijuana to make it more accessible as medicine; President Joe Biden announced his support for such an action back in 2021, with plans to pardon individuals convicted under federal law on charges related solely to simple possession.
The DEA’s proposal must now be reviewed by the White House Office of Management and Budget (OMB), following which a public comment period will open before final approval is granted through an administrative judge review process. If implemented, this move would reduce penalties for certain offenses relating to cannabis under federal law; given current Schedule I constraints surrounding medicinal properties linked specifically to whole plant derivatives of marijuana, such as THC and CBD oils, a rescheduling could also enable businesses in the industry to deduct expenses on their tax returns.
The DEA’s decision is likely to face pushback from international treaty obligations governing drug schedules since cannabis still appears in an antiquated 1961 convention on narcotic drugs that requires criminalization of its use; there are also concerns around the implications for law enforcement, who could potentially see thousands more businesses operating within their remit – requiring them to register and adhere to strict reporting requirements.
Despite this, a Gallup poll conducted in October 2023 found that an overwhelming majority (70%) of Americans support legalizing cannabis use; when the same question was asked back in 1969, only twelve percent expressed such views. The DEA’s proposal follows similar moves by other US states: as reported last year, twenty-four jurisdictions have already authorized recreational marijuana usage for adults alongside medical applications – a number that is set to rise further following recent elections.