Marijuana meets criteria for reclassification as lower-risk drug, FDA scientific review finds
Marijuana has a lower potential for abuse than other drugs that are subjected to the same restrictions, with scientific support for its use as a medical treatment, researchers from the US Food and Drug Administration say in documents supporting its reclassification as a Schedule III substance.
Marijuana is currently classified as Schedule I, reserved for the most dangerous controlled substances, including heroin and LSD. In 2022, President Joe Biden asked US Health and Human Services Secretary Xavier Becerra and the attorney general to begin the administrative process of reviewing how marijuana is scheduled under federal law. HHS Assistant Secretary for Health Adm. Rachel Levine wrote a letter to the Drug Enforcement Administration in August in which she supported the reclassification to Schedule III, a list that includes “drugs with a moderate to low potential for physical and psychological dependence” such as ketamine, testosterone and Tylenol with codeine.
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Rescheduling marijuana could open up more avenues for research, allow cannabis businesses to bank more freely and openly, and have firms no longer subject to a 40-year-old tax code that disallows credits and deductions from income generated by sales of Schedule I and II substances.
The executive branch is a bureaucracy that has to follow procedures. The president can direct the agency to start these processes, and that's what he done. The HHS has done the necessary work to show that cannabis is deserving of a lower schedule according to the Controlled Substances Act. It is now up to the DEA to review that data and reschedule it accordingly. This is the process stipulated by the law, and the executive branch must adhere to it. If they don't, it will be undone in the courts.
The alternative route would be for Congress to pass a new law to specifically legalize cannabis, but they do not have the numbers, so the Biden administration has to follow the process outlined in the existing laws. He's done what he is legally able to do, and it's more than any of his predecessors have. It may be slow, but it's pretty much a fast as the law allows.
That's great. Until it's actually happened, it's not an accomplishment. I'm not sure how centrists keep failing to understand this. You don't get credit for something that hasn't happened. Cannabis is still illegal federally. If that changes due to Biden's efforts, I'll happily give him credit.
But it hasn't happened yet. This isn't the Silmarillion. You don't get credit for trying.