Anne Bucher  |  May 9, 2024

Category: Legal News
Close up of hands handling a marijuana plant, representing the Biden marijuana reclassification.
(Photo Credit: photolona/Shutterstock)

Biden marijuana reclassify overview:

  • Who: The Biden administration announced a plan to reclassify marijuana as a Schedule III substance.
  • Why: The decision recognizes medical benefits posed by marijuana and the lower risk of abuse.
  • Where: The Biden marijuana reclassify plan would apply throughout the United States.

On Tuesday, April 30, the Biden administration announced a marijuana reclassify proposal to reschedule the drug as a Schedule III substance, CNN reports.

This Biden marijuana proposal is an important move and recognizes the medical benefits posed by marijuana. The Schedule III marijuana reclassify plan will also have significant implications for the cannabis industry.

Xochitl Hinojosa, director of public affairs for the U.S. Department of Justice, said Attorney General Merrick Garland circulated the proposal to move marijuana from Schedule I to Schedule III. Once that proposal is published by the Federal Register, it will initiate a formal rulemaking process, Hinojosa said.

CNN notes the rulemaking process includes a public comment period and can be a lengthy process. 

Biden marijuana proposal does not legalize recreational cannabis use

Currently, marijuana is scheduled as a Schedule I drug along with drugs like heroin, ecstasy and other drugs that have no accepted medical use and pose a high risk of abuse. Schedule I drugs are subject to the highest restrictions.

Schedule III controlled substances include prescription medications such as ketamine and Tylenol with codeine. The marijuana reclassify proposal will not legalize the drug for recreational use, according to the Associated Press.

Reclassifying marijuana to Schedule III will not legalize the drug at the federal level; the manufacture, distribution and possession of recreational marijuana would still be illegal under federal law.

Marijuana reclassify plan supported by FDA and National Institute on Drug Abuse

Last fall, the U.S. Department of Health and Human Services recommended the Drug Enforcement Agency reclassify marijuana from a Schedule I to a Schedule III substance.

The U.S. Food and Drug Administration’s Controlled Substance Staff also recommended marijuana reclassify to Schedule III because the drug has a lower potential of abuse that other Schedule I and II drugs, it has medical uses accepted in the United States and a low to moderate risk of physical dependence in people who abuse the drug.

The National Institute on Drug Abuse also supported the recommendation, according to CNN.

The role of cannabis in the United States has rapidly transformed in the last decade and is now a multibillion-dollar industry. Twenty-four states, two territories and Washington DC have legalized recreational use, and 38 states reportedly allow medical use of the drug.

A Gallup poll last November found 70% of Americans surveyed supported cannabis legalization.

What do you think of the Biden Administration’s marijuana reclassify proposal? Join the discussion in the comments.


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